| Energy resources are one kind of the important basal resources for human-existing, economy development, and society progress. They are also strategic materials relating to states' economy vitality and security. As the base of sustainable development of society and economy, they play vital roles in the modernization course. For a long time, the problem how to utilize and save energy resources to maintain and facilitate the sustainable social development has drawn more and more attention from governments and institutions, since it's becoming more and more serious. Establishing the legal system in this field, and regulating people's behavior in the energy utilizing with laws is the ultimate approach to solve this problem. Since reforming and opening-up, China has made great progress on energy conservation legislation. Many laws and statutes, and local regulations, such as Energy Conservation Law, Energy Efficient Civil Building Codes, and Electricity Conservation Regulations, have taken effect. They undoubtedly accelerated the standardization of China's regulation of energy conservation. However, as the fast development of energy industry and the deepening of reforming and opening-up, China's legislation on energy conservation still distinctly lagged. According to the actuality of the fragmentary legal system of China's energy conservation, the author consulting the common theory of legislative science, the relating legislations of resources and environment, and existing across-country research fruits in this field, attempts to do some research on this subject to boost the legislation of the energy conversation and accelerate China's sustainable development.Energy shortages have holding back China, economic and social development, which is an indisputable fact. Because of China's rapid development of the cause of building, building energy consumption in the Proportion of energy consumption is increasing. In recent years, the housing system reform has greatly promoted the domestic industry and national economic development. With a large number of new buildings increased, especially the high-grade construction of public facilities, the growth of building energy consumption is rapid. Generally speaking, the China's Total Energy Consumption of Construction (TECC) increased year after year, the proportion of TECC to the total energy consumption has rose from 10 percent (the late 1970s) to more than 27.45 percent in recent years. Moreover, China's energy consumption per unit area heating is three times than the world average of it in the same climatic conditions. To compare with developed countries, the construction of China's steel consumption is higher 10 to 25 percent than developed countries', cement consumption per one cubic meter of concrete mixing is more 80 kg than developed countries. so, China promulgated a variety of Building Energy Saving laws and regulations and technical norms, in order to promote energy-saving building construction, reconstruct non energy-saving building and control the transformation of non energy-saving construction. However, the actual implementation of energy-saving buildings in China has yet to be enhanced.Along with the ideal of sustainable development embedded in human being's soul, governments of many nations are calling for the cause of building energy efficiency vigorously. Due to her vast population, China consumes a great deal of energy and resource apportioned among people is lacking. Nearly years, rapidly development of economic has badly destroyed environment already. The characteristic of Energy-saving buildings is low consumption and low pollution. Therefore, development of the cause of building energy efficiency is necessary and urgent.Housing is the key of livelihood. The residential and real estate of the sustainable development is related to the overall and long-term of the national affairs and people's livelihood, which had great important strategic significance. Building energy consumption is an important aspect of which caused by China's currently'energy crisis. According to statistics, China's building energy consumption accounts for the proportion of total energy consumption is 32%, and increasing continuously. At present, China has built energy-efficient urban and rural construction in less than 2%. In China, the housing floor space of new construction in one year is much more than all the developed countries' housing construction area combined. But there is 99% buildings are energy-intensive building in both urban and rural buildings, and more than 95% of the newly built housing is high-energy buildings. If this situation does not change, it will further exacerbate the contradictions of China's energy shortage. Therefore, the problem is quite serious, the situation is very tight, building energy efficiency is one of the country's major strategic issues. Researches on legislation of building energy efficiency, Just fitting to the background of the times when proposed to establishment the social of conservation of natural resources and environment-friendly on the 17th representatives, and for the sustainable development of residential provide the basis and reference. It is important areas and field of building a low carbon economy, not only the need of a national's resource conservation and environmental improvement, but also the need of the people improving the quality of life.To response of global climate change and sustainable development, States have the energy conservation-related legislation in the field as a sound and perfect its legal system is an important task. In China, the "low-carbon life" and "low-carbon economy" is becoming the consensus of the whole society. China has stirred up a "low-carbon style." Construction in the total carbon dioxide emissions is very much, which is nearly accounted for 50%, that the proportion is far higher than the transport and industry. In the development of low carbon economy, the construction of "energy saving" and "low carbon" destined to become the top priority of energy saving work. State building energy efficiency is the relationship between the overall health of the people's livelihood and long-term problem, but also a great cause which needed legal framework and protection. China's building energy efficiency legislation was lags far behind with some developed countries. The United States, Japan and Germany have explored for 30 years, formed a sound legal system in the field of building of building energy conservation legislation. Therefore, study on the United States, Japan and Germany's legislative experience of building energy saving is very significant.Building energy efficiency is important to implementing the scientific view of development. Comprehensive energy-saving work can help reducing building energy consumption and improving people's quality of life; it is also conducive to the reduction of green house gas emissions, reducing air pollution and improve environmental quality; conducive to the traditional industry transformation and up grading, and to the enhancement of China's Sustainable development capacity. But China's current building energy conservation efforts is far from enough, unit construction area's energy consumption is 2-3 times more than that in the developed countries, while China's economic development cost amazing energy consumption, so energy shortage, low energy efficiency and environmental pollution are very serious, forcing us to attach importance to energy conservation, especially the building energy efficiency which has always been neglected by us. In 2007 "the People's Republic of energy conservation law" clearly charted China's energy-saving construction blueprint for the legislative framework, so that energy-saving construction work opened a new chapter.In order to promote China's strategy of building energy conservation, improve buildings energy-saving legislation in China, this thesis chose the building energy efficiency legislation of Germany and the United States for comparative analysis. Because Germany has developed economy and energy shortages, the United States is rich in resources but has huge energy consumption. China has both characteristics of these two countries:per head resources shortages and economic development going with huge energy consumption. Germany and the United States have a good performance in the field of energy-saving construction after 30 years of efforts. This paper sums up the experience of the two countries in the hope or providing reference and inspiration for the construction of China's energy-saving.In 1973 global oil crisis happened, the Arab countries reduced oil production by30 percent. A direct result of this was skyrocketing oil prices, which triggered an energy crisis. After the crisis, Germany and the United States launched the construction of energy-saving work. On the other hand, in the end of the 20th century, with the global climate problem growing more and more serious, building energy conservation technology research and application are not only for economic interests, but also to radically reduce CO2 and other harmful greenhouse gas emissions. Therefore, Germany and the United States' building energy conservation legislations are both of energy-saving and environmental protection purposes.This paper tries to began with the analysis of the necessity and feasibility on legislation of Building energy efficiency, Then further explores China's present situation and existing problems, At the same time we draw on a number of foreign developed countries's advanced systems and legislative experience on the residential of energy conservation and environmental protection, so as to provide a number of recommendations for domestic legislation of China's building energy efficiency.
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