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Research On How To Evaluate And Improve Energy Law Enforcement In China

Posted on:2016-04-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:S S ChenFull Text:PDF
GTID:1226330473961493Subject:Management Science and Engineering
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, China’s total energy consumption increased year by year, and the degree of dependence on foreign energy also increased year by year. At present, China’s energy security situation is relatively grim. In order to improve energy supply security, reduce the degree of dependence on foreign energy, promote energy production safety, solve environmental pollution problems caused by energy consumption and greenhouse gas emissions, let energy become more market-oriented, improve energy efficiency, China has formulated a large number of legal basis, law enforcement institutions, has make energy law enforcement practice in various fields of energy.Energy law enforcement related to the legal basis, law enforcement institutions, management on energy law enforcement (including management on energy law enforcement performance and energy law enforcement incentives), energy law enforcement system, and so on. Whether China’s energy law enforcement affects the relevant industrial development and energy consumption, energy law enforcement institutions play its due role, need to make a scientific evaluation. How to carry out effective management of energy law enforcement performance, how to design the incentive mechanism to improve law enforcement, how to improve the existing energy law enforcement system, need a research conducted in great depth.Based on the above questions, the paper uses mathematical models and scientific methods to carry out the relevant research. Combining the models in the field of management science and engineering with law enforcement is not only the difficulty, but also a key problem of the research work. Thesis research is the main line in the paper and supplemented by models and methods. The paper mainly completed the following research work:(1) Evaluating the impact of Chinese energy law enforcement basis on the related industries and energy consumption. Taking the Notice on the Implementation of the Refined Oil Price and Tax Reform issued by the State Council and the Notice on Raising the Consumption Tax Rate of Refined Oil issued by the Ministry of Finance and the State Administration of Taxation as an overall example, the impact of the legal basis of China’s energy on car sales was investigated. Combining with energy saving and emission reduction of car fuel consumption, the paper looked for opportunity on improving the tax policy, fiscal policy and legislation.(2) Evaluating the effect of Chinese energy law enforcement institutions. Taking coal mine safety supervision institutions system as an example, its effect on coal mine production safety is investigated. Structural breakpoint test is used to divide the construction progress of coal mine safety supervision institutions system which is managed vertically into two stages since 2000. Then an unbiased grey Markov model is built to forecast the death rate per million tons of coal. This paper suggests continuing to improve the current supervision system for coal mine safety through further adjusting respective functions of "State Supervision" and local regulation departments; namely, reducing the regulation functions in the "State Supervision", improving its supervising ability for local regulation departments and playing a leading role in coal mine accident investigation.(3) Looking for the methods for managing performance of energy law enforcement institutions in China. Taking the performance management of the State Administration of Coal Mine Safety (SACMS) on 26 provincial Administration of Coal Mine Safety (ACMS) as an example, the paper uses grey cluster assessment method with center-point mixed triangular whitenization weight function to evaluate supervision performance of 26 provincial ACMS. The key channels of improving the supervision performances for the provincial ACMSs are investigated and the mechanism of classified supervision is explored combining with the empirical results. From a policy perspective, it is essential for the SACMS to strengthen the supervision and management through developing the supervision database, establish the information office to monitor the supervision performance of provincial ACMSs, and pertinently develop classification regulation for provincial ACMSs.(4) Investigating the incentive mechanism to improve the enforcement of law enforcement for Chinese energy law enforcement institutions. Taking coal mine safety supervision as an example, the paper investigates the operation mechanism of law enforcement subsidy and the strategic choice of energy law enforcement departments and the financial departments by using the signaling game model. From the policy point of view, supervision suggestions are put forward to strengthen the management of energy law enforcement subsidy.(5) Investigating the strategic path of improving Chinese energy law enforcement system. Taking the oil law enforcement system as an example, the paper analysis the strengths, weaknesses, opportunities and threats (SWOT) of petroleum law enforcement system by SWOT analysis method, and puts forward the strength——opportunity (SO) strategy, the strength——threat (ST) strategy, the weakness——opportunity (WO) strategy and the weakness——threats (WT) strategy.The paper gets the conclusion as follows:(1) In the aspect of the energy law enforcement evaluation, after evaluating the institution effect of the Notice on the Implementation of the Price, Tax and Fee Reform of Refined Oil, the paper finds that the model combining the method of with and without antitheses with the multiple linear regression model is suitable for the evaluation; meanwhile, the implementation of the notice has a obvious institution effect in the short run. However, in the long run, the institution effect is not yet known.(2) In the aspect of energy law enforcement institution construction evaluation, after the stage division of the institution system construction of coal mine safety supervision, an unbiased grey Markov model has better fitting precision and the forecast method has robustness. The results show that the establishment of coal mine safety supervision system which is managed vertically reduces the death rate per million tons (DRPMT) of coal. It makes the DRPMT drop by 2.3373 persons/ million tons, improves coal mine safety greatly. So it is the correct choice of coal mine safety supervision. In the second phase institution construction of coal mine safety supervision is not carried out so that the decline of DRPMT in the this phase mainly benefits from the supervision institution construction in the first phase.(3) In the aspect of the performance management of energy law enforcement, the supervision performance of the provincial ACMS is evaluated. The results show that the provincial ACMS can be divided into four categories, namely, the lowest performance grey class, the lower performance grey class, the middle performance grey class and the higher performance grey class. On the whole, supervision performance of all provincial ACMSs is on the low side. The causes of different performances could be attributed to the number of per capita supervision times, rather than per capita working days. So one of the key ways to improve the supervision performance is to raise per capita supervision times on coal mines.(4) In the aspect of incentive mechanism construction for energy law enforcement, the paper takes coal mine safety supervision as an example to establish operation mechanism of law enforcement subsidy and looks for the strategy choice of the law enforcement departments and the financial departments by using signaling game model. The paper finds that whether the subsidy mechanism is successful depends on the disguise cost of the energy law enforcement departments, the probability that disguises are found and priori beliefs that the energy law enforcement departments are identified to be a real law enforcement department by financial department.(5) In the aspect of optimizing energy law enforcement system, the paper takes the oil law enforcement system as an example by using the SWOT method from the four aspects, such as the strength, weakness, opportunity, threat. The paper finds that as for China’s oil law enforcement system, the strengths are too less, while the internal weaknesses, the external opportunities, the external threats are too more. Only by taking advantage of the strengths, seizing the opportunities, changing the weaknesses, avoiding the threats, China’s oil law enforcement system can be optimized. That is to say, the SO strategy, the WO strategy, the ST strategy, the WT strategy should be adopted to improve the law enforcement system.The innovation points of this paper are as follows:firstly, a new idea and framework of the research on energy law enforcement are presented. This paper puts forward the new idea or research framework which includes the basis of energy law enforcement, the construction of energy law enforcement agencies, the performance management of energy law enforcement, the incentive system design of energy law enforcement, and the optimization of energy law enforcement system. In previous studies, this idea or framework has not been used. Secondly, a comprehensive evaluation model which combines the method of with and without antitheses with the multiple linear regression model is built to evaluate the basis of energy law enforcement. Thirdly, the construction progress of coal mine safety supervision institution system is divided into two phases using the method of structural break point test, and an unbiased grey Markoff model is constructed to evaluate the institutional effect of the supervision institution system. Fourthly, the paper looks for the way of establishing incentive mechanism of China’s energy law enforcement by using signaling game model, and put forward suggestions to construct the law enforcement subsidy mechanism. Fifthly, the paper put forward the method to optimize the energy law enforcement system by using SWOT analysis and from the three levels of the basis of law enforcement, law enforcement agencies, law enforcement activities and management.
Keywords/Search Tags:Energy law enforcement, Energy law enforcement basis, Energy law enforcement agency, Energy law enforcement performance, Energy law enforcement incentive, Energy law enforcement system, Evaluation
PDF Full Text Request
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