| Energy is an important material basis for the survival and development of human society, the development of modern society indispensable basic conditions. As the world’s first energy production and energy consumer, China’s energy supply and security of the overall situation of China’s modernization. Currently, the world energy situation has undergone profound changes in US shale gas and shale oil, represented by the sudden emergence of unconventional oil and gas energy, US energy independence strategy has achieved remarkable results: in 2009 Russia became the world beyond the powers of natural gas production, gas supply self-sufficiency rate in 2013 reached 95.11%, 2014 crude oil production reached its highest level since 1989, oil self-sufficiency rate of up to 66 percent in 2013, for eight consecutive years of negative growth in oil consumption, resulting in international crude oil prices one year from $ 100 / barrel plummeted to $ 39 / barrel. At the same time our country’s dependence on foreign energy has increased annually, in 2013 our country’s dependence on foreign oil and natural gas, respectively, 58.1% and 31.6%, increasing pressure on China’s energy supply security and international pressure on energy saving, with coal as the main energy consumption structure results in fog and haze intensified, increasing energy resource constraints, environmental issues outstanding, China’s energy development is facing a series of new challenges and new problems.In June 2014 Xi Jinping at the Central Financial Work Leading Group sixth meeting clearly promote energy revolution, revolutionary energy, energy technology revolution and the energy supply system, the consumer revolution. This marks a major transformation of China’s energy strategy, is the party of eighteen report: "to promote energy production and consumption revolution, control of total energy consumption, enhance energy saving, support for low-carbon energy industry and new energy, renewable energy development and further deepen, " the reference. Contrast China’s "Twelfth Five-Year Plan" of the statement: "to promote energy production and use patterns change, the reasonable control of total energy consumption." From "energy revolution" to "energy revolution" from "reasonable control" to "control" from "two energy revolution" to "four energy revolution," China’s energy strategy is clearly top-level design has changed radically.Fission as an energy development and transformation of the energy revolution scenario evolution and international energy trends in China’s energy strategy is consistent. In this century, with the depth of the energy revolution unfolds, countries and international organizations have released a new energy strategy, the implementation of development and transformation, such as the "German Future Energy Programme(2011)", "EU 2020- competitive, sustainable and secure the energy Strategy(EC, 2010) ", " America’s future energy security blueprint(WH, 2011) " and so on. World Economic Forum(WEF, 2012) advocated the establishment of a "new energy architecture" to achieve "energy triangle" fit, promote effective transformation. 2012 International Energy Agency(IEA) released "World Energy Outlook" for further pointed out: "No country is energy ’islands’, interaction of different fuels, markets and prices between countries are strengthening efforts to make energy-efficient in the world scene. become a reality. " Throughout the countries energy strategy to promote energy market transformation is the path-dependent energy revolution.Energy technology revolution is the process of new technology, new energy, it is the market process, the political process and the legal process, and the market process is the foundation of all other processes. American and European countries to promote the energy revolution from the revolution in energy efficiency and clean energy technologies, emphasizing the process of technological change, but its core and guiding principle is the energy market. Such as the German "Future Energy Programme" clearly strengthen its core energy market competition and market-oriented economy, one of the core mission is to further strengthen the competitive electricity and gas market structure and further promote market liberalization and competition; "EU 2020-- competitive, sustainable and secure energy strategy, " the primary goal is to establish a pan-European integrated energy market. Therefore, the process of technological revolution and technological change is only the external appearance of the energy revolution, the core energy revolution energy market.China’s energy supply revolution requires the establishment of multi-supply system, deepen the reform of the energy market, especially for the energy industry enterprises the ability to re-organize the subject of rights will be the basis for the energy revolution; revolution requires energy consumption while controlling total energy consumption, improve energy efficiency Carbon emissions trading and energy index trading has become an important part of the energy revolution; for greater energy technology revolution driven by the energy industry upgrading, energy technology innovation, especially disruptive innovation technology entrepreneurs energy revolution has become a tool; the energy system of the revolution reduction of energy requirements for product attributes, build an effective competitive market structure and market system, improve energy legal system to promote energy market transformation has become a system to ensure that the energy revolution. In fact, American and European countries to implement energy market yet it as the most important goal of energy strategy, China’s current energy supply security and environmental pressures, forcing us need to accelerate the process of the energy market. For my country, regardless of the energy revolution technological revolution, the revolution of production and consumption are revolutionary or revolutionary energy market system performance, energy revolution must require the energy market, process energy revolution is the process of the energy market, energy revolution only occur in the energy market environment to be successful, the core energy revolution is 4the energy market.Energy revolution needs energy planning and energy policy, especially energy laws need restructuring, and even need to "revolution" energy revolution from the scene to reality, from the strategic to action, and the need to ensure the realization of the energy force of law. But the status quo of China’s energy law is seriously lagging behind greatly hindered the performance of the Institutional Revolutionary energy release. Current energy law only "power law", "Coal Law", "Energy Conservation Law", "Renewable Energy Law" and "oil and gas pipeline protection law" five single law, "Electricity Law", "Coal Law" have been implemented more than a decade, has long been the status quo does not meet the current energy development, comprehensive, fundamental "Energy Law" since September 2005 to start drafting the manuscript has been submitted to the State Council for seven years, but has not yet been submitted to the State Department to get out NPC or the Standing Committee. President Xi Jinping comprehensively deepen reforms in the Central Leading Group held its second meeting clearly stated: "All major reforms have legal basis in the whole reform process, we must attach great importance to the use of the rule of law and the rule of law and the way of thinking, strengthen the relevant legislation. coordination. " Therefore, we need to come up with a thousand years too long, seize the day of urgency to promote the transformation of China’s energy legal system, speed up energy legislation, for the realization of the energy revolution to provide institutional guarantees.Our current "China’s Energy Conditions and Policies", "China’s energy policy 2012", "Energy Development Strategy Action Plan(2014-2020 years)" and other energy policy is more of a stay in the technological progress and the development of new energy sources level, but ignored the institutional innovation. Throughout the history of human civilization, in fact, the real revolution is not to promote technological innovation, but innovation system. Efficiency revolution, the clean energy revolution is just external manifestations of energy revolution, the core of the energy market, process energy revolution is the process of the energy market, energy revolution only happen in the market environment, it may succeed. Restricting energy 5revolution technological, economic, political and cultural change is by changing the rule of law and implementation, and therefore legal transition from scene to become an energy revolution real opportunity and key. Energy Revolution from the scene to reality, from policy to action requires a process, but also need support and choose the path of the system. Energy revolution in need of legal restructuring, legal transformation theme is the energy market, our existing energy laws need to be market-oriented restructuring even revolution, in order to meet the requirements of an energy revolution. Therefore, the core energy revolution is the energy market strategy, the energy needs of China’s market-oriented strategy for market transformation of energy law, in order to achieve energy revolution, the goal set by the market, in order to achieve sustainable development for the foundation.This paper mainly focus on the energy market from the energy industry and energy market regulators to explore two aspects of the market-oriented legal transition path energy market, systematic analysis of our energy, electricity, coal, shale gas industry status and problems of development, based on status quo for the problem, propose legal transformation of China’s energy market objectives, major tasks and transition path, hoping to provide a useful exploration of China’s energy market.Discussion paper is divided into eight sections:Chapter I:The first chapter connotations and legal significance of the energy revolution. Why introduce an energy revolution? What is the energy revolution? Who leather energy revolution whose life? Recalling the two energy revolution happened in history, from the perspective of institutional change review and reflect on new connotations that make energy revolution "led the way and use alternative energy, said," defined as a legal sense energy revolution energy strategy.The main view Description: Throughout the history of human energy, each leading alternative energy are accompanied by changes in the way of energy, thereby radically changed people’s production and life, triggered a revolution in the relations of production and the Institutional Revolutionary. ? Jeremy Rifkin even said: "Every great economic times are based on the introduction of new energy mechanism marked" critical energy revolution is the revolution of energy development and 6utilization of, if not the steam engine, coal can not be the dominant energy, if there is no internal combustion engine, the oil is still the only alternative to blubber. Need to make is very crucial factor is the low energy alternatives and the better price, the simple point is inexpensive. The current definition of domestic energy revolution that made the succession system, said core that way say analyzed proposition put forward in this paper that the "dominant use of alternative forms of energy and say."Chapter II:The second chapter is the core of the energy revolution energy market. Mainly the United States, Germany, the European Union in the context of an energy revolution’s "America’s future energy security blueprint(2011)", "Germany’s future energy program(2011)", "EU 2020- competitive, sustainable and secure energy chapter Strategy(2010), " the three most recent energy strategy assessment, drawn worldwide energy revolution strategy in common is that the energy market.United States, Germany and the European Union to promote the energy revolution, mainly from energy efficiency and encourage support for renewable energy development to proceed, specific system design. However, it can be seen from the measures taken, institutional incentives primarily market-based incentives, prices start from market to guide consumers and businesses spontaneously improve energy efficiency. The main constraint is the market standard system constraints, did not see the government directly to businesses and consumers penalties or regulatory measures, the market is through the establishment of industry standards to guide enterprises, consumers form a spontaneous action. Regulatory goal is to establish a unified energy market, "German Future Energy Programme(2011)," it is clear that the core is to enhance competition and market-oriented economy energy market. Further promoting market liberalization and competition will continue to be one of the important tasks of the German Federal Government. Therefore, we believe that efficiency and clean energy revolution, revolution is only the appearance of the core energy revolution, revolutionary energy is the energy market.Then analyze emerging supply, consumption, technology and institutional aspects of the energy problem is no more to get rid of the shadow of the planned economy, the energy market is not enough lead. Worldwide energy revolution is being carried out vigorous, American and European countries still to implement the energy market as the most important goal of energy strategy, the current environment of China’s energy and environmental pressures, forcing us to the need to accelerate the process of the energy market. Energy revolution core market, market-oriented needs institutional innovation, system innovation in need of legal restructuring, legal restructuring release system performance, firm in the energy market of the road conducting energy transformation law is the inevitable choice.Chapter III:Energy revolution needed energy legal system transformation. Defining energy revolution as an energy strategy legal significance,Describes the energy law is to achieve the most effective strategy for the energy revolution that the absence of the current energy legislation, dislocation affect performance release energy revolution, China needs firmly in the energy market of the road on energy law transformation.Chapter IV : The fourth chapter of the legal transformation of our energy market. We have to recognize that energy efficiency is not only a duty, it is right, is to deal with the inevitable choice of global climate change and energy supply on the basis of lack of real support and induce the Government’s policy is only to build the energy market of external factors, and the definition of property rights, establish and market players are equal trading trading rules is to test the effectiveness of energy-saving cornerstone contract energy management is the key to achieving the government’s forced to market induced. Effective government and to define the boundaries of the market is the heavy weight. The current core of China’s energy problem lies in the government’s policy of no forced into productive businesses and consumers spontaneous action. The grim reality and rigid targets to force our energy system needs fundamental change, can only be achieved through energy body institutional transformation: from the government to market energy-saving, energy-efficient system design transformation: from obligations to rights-based standard, energy market transactions Legal Transformation: the transition from the unknown to the known contract contract to implement energy efficiency market transformation in order to stimulate the vitality of energy-market system, in order to build energy-efficient production and consumption system, promote economic development and changing consumption patterns.Chapter V: China’s market-oriented legal transition of power. The main combing through existing power laws and normative documents analyzed ten years of power reform process, noting China’s power market is currently the main problem is the system of monopoly and price fixing, to promote the process of the electricity market, the need for legal electricity market transition. "Electricity Law" necessary to achieve the electricity market as the goal, made major institutional transformation of China’s market-oriented legal power design. First, clear to get rid of the monopoly, establish a competitive electricity market. A change in the national grid dominate, splitting the State Grid Corporation, China Southern Power Grid to South China Power Grid, the country formed north, central, east, south, southwest, northwest and northeast of the seven power companies. Establishment of an independent National Electric Power Dispatching Center, directly under the National Energy Board, are affiliated institutions Energy Bureau, similar to the Securities Depository and Clearing Corporation’s operational system, the power scheduling into national backbone network, local backbone and branch network scheduling, branch network owned by seven grid company responsible for scheduling, local and national backbone network backbone power dispatch responsible power dispatch center. Second, open transmission, distribution, sale of electricity links, the implementation of the negative list of the access system to encourage private enterprises to enter, to encourage large consumers direct purchase of electricity distribution companies to encourage the sale of electricity companies and power companies to reach a power trading contracts. Creation of an independent monitor electricity trading center in the national anti-monopoly bureau, real-time monitoring of bulk power transactions. Establishment of regional electricity trading platform, the implementation bidding. Third, a market pricing mechanism. Power generation enterprises bidding for transmission and distribution companies to implement cost-benefit regulation, within the context of the total income minus income grant, approved transmission and distribution price, the sale of electricity price liberalization, the implementation of the price ladder, to establish a "green list" and "Black List" tariff system, in line with national industrial policy sunrise industry into "green list", state subsidies, high energy consumption, high pollution enterprises into the "Black List", given punitive price ladder. Fourth, to encourage renewable energy generation and distributed energy generation. Develop environmentally friendly power generation emissions standard discount to encourage "green electricity" the Internet; the development of distributed generation standard, published the technical details of access, to ensure non-discriminatory third party access. Comprehensive promotion of smart grid. Give full play to the role of peaking power plants, electricity storage technology research, popularization and application of smart meters.Chapter VI : The coal market legal transformation. Mainly on the current coal industry experienced industrial winter analyzed explicitly criticize the local government introduced coal mutual bailout policy, which is to save the city of poison, not medicine. Market return market, owned by the government of the government, the rise and fall of industrial development is a cycle and the law, the coal industry experienced a "golden years", there is a normal adjustment, China’s coal industry enterprises are mostly but not strong, poor coal mining technology, mining rate is not high, low efficiency of coal-fired boiler efficiency, the blind expansion of production capacity these are drawbacks, by hand of the market need to eliminate backward production capacity, promote industrial consolidation and mergers mine, the development of new technologies, which are inevitable industrial upgrading process. The current government to implement decentralization, the full implementation of market-oriented reforms, why the coal industry will be winter? Wrong is not a market-oriented reform, but is the result of a thorough market-oriented reforms have not only carried coal prices and coal market allocation of resources to stimulate innovation and enthusiasm of enterprises, in order to fully implement clean development and utilization of coal.Chapter VII: Laws of shale gas market transformation. Mainly elaborated shale gas represents a low-carbon energy, clean development trend is a new option for the future of energy. Bottleneck in the development of shale gas in addition to technology, the more important is the depletion and pollution of water resources, analysis of key US shale gas revolution to success lies in the energy strategic priorities established by law, the exemption for water resources protection. Reanalysis of shale gas development of gas and water become more prominent status, noting the lack of laws and regulations of China’s shale gas, mining rights overlap, lack of water resources protection laws operability problem, shale gas market path. That we need not only to promote better technology, better law through institutional arrangements need to reconstruct the energy resources property rights, the establishment of market trading mechanisms to implement the integration of energy and water policy, in order to achieve sustainable development in the energy, economic, social. Specific recommendations, by the construction of tradable water rights market, solve water allocation problems; development of water treatment industry, water pollution; establishment of a unified independent industry regulator, the first step in the establishment of the natural gas industry regulatory committee, to exercise the functions of the industry regulator, the full deal with the problem of natural gas and shale gas. The second step to define shale gas mineral rights, clear water pollution and protection of the body, who developed, who benefits and who pollute, who bears, improve relevant laws and regulations, given heavy fines for pollution incidents. The third step, the ultimate goal is to integrate the functions of the ministries of energy management, the establishment of the Department of Energy, a clear regulatory responsibility subject.Chapter VIII : The energy market regulatory legal transformation. For its part, the rise of Beijing, Shanghai, Guangzhou and other large urban agglomerations of demand for energy regulation more urgent, how efficient, sustainable, safe and environmentally friendly manner of energy supply and consumption are needed to solve our problems. Therefore, this chapter is mainly selected New York, London, Toronto, Canada, and Japan, three large cities as samples for analysis, mainly on these three major cities and Japan’s energy regulatory reform and legal system analysis to identify some of the rules, hope for China’s energy market regulators have made some useful lessons, and made some key regulatory system design. Clearly stated: energy regulatory definition of property rights is the basis for the future direction of China’s energy industry is market-oriented reforms. Property rights are the foundation of the market economy is the most a right. Protection of property rights is the cornerstone of the market economy. Property rights in the energy sector for the definition and protection of any investment in the energy sector enterprises to enter a prerequisite, but also the necessary conditions for the energy industry and the development of market-oriented reforms.In order to achieve the Japanese standard of energy regulation, China needs to develop short, medium and long-term sustainability of the combination of three-phase energy plan to develop energy development fund. The key is to establish energy regulation "most of the system" to solve our energy regulation "Kowloon flood", "regardless of the political prison," "witch hunt" problem. Present in China is concerned, first and foremost is to establish the regulatory framework for the political prison bunk separation, may refer the People’s Bank and the Banking Bureau set at the national level all ministries to integrate energy management functions in one, the Department of Energy to establish a national, uniform exercise energy strategic planning, formulation of policies and regulations, energy and environment and coordination of macro-control functions; negative inventory preparation, project approval, industry technical standards and other regulatory functions, the Department of Energy and the energy Regulatory Commission a separate energy Regulatory Commission, the industry access to exercise unified, unified work under the leadership of the State Council energy Leading Group.Conclusion: The energy revolution is the core of the market, market-oriented needs of institutional innovation, system innovation in need of legal restructuring, promoting energy market transformation law, legal restructuring release system performance, therefore, our firm in the energy market of the road were the law of energy transformation is the inevitable choice. Only through the construction of "energy" as a guide for energy legal system to achieve energy law from administrative law to industrial policy law of transformation; energy property, investment property from the government for approval to market fair configurable transition; energy development in the main from the central enterprises monopoly transition to pluralistic competition; energy companies from policy to rely on the transformation of industrial organization and innovative casting technology research and development; the regulation of energy from compulsory administrative mechanism to transition out of the market to develop; and market access by natural monopoly to competition in the market transformation, get rid of oil, natural gas monopoly vertical integration, to achieve the separation of competition and non-competition in the industry sector, especially the separation of energy pipe network; the transformation of energy prices by government pricing to market price formation; energy generation from centralized to distributed generation Internet Internet transformation, establish and improve the energy efficiency and renewable energy market mechanisms to promote the process of China’s energy market in order to fundamentally to achieve the objectives set by the energy revolution, in order to achieve sustainable development for the foundation. Cast legendary era of reform dream of success. Energy revolution only deepen the reform process of China’s overall progress in the magnificent an integral part of it. Not only do we need an energy revolution, but also the legal revolution, but also need the market revolution, only the full implementation of the decision to the role of market forces in allocating resources, and only drive the market transformation of the law, only take full advantage of the laws of this rule of weighing equipment to establish good law good governance, only relationship between government and the market correctly define the government continues to decentralization, not engraved no legal authorization to stimulate enthusiasm for the spirit of the market, to mobilize the passion of all the people, to establish national pride, freeing the performance of the law, bonus system, the market power, ushering in the great rejuvenation of the Chinese nation. |
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