Legal Research On Voluntary Agreements Of Energy Conservation

With the energy crisis and environmental problems highlighted, the traditional means of administration and existing environmental laws and regulations can not effectively address the waste of energy and environmental deterioration born disputes. How to achieve energy saving energy and the environment for sustainable development, this is a pressing task. States are looking for a solution to the problem, China is no exception. To rational and efficient use of energy, can not simply rely on administrative control, but to establish a voluntary agreement for energy conservation mechanism,That is adjusted using the market mechanism and take the road of industrialization, through voluntary agreements signed energy-saving approach to the management, use of energy, so as to achieve common prosperity and environmental protection and sustainable economic development purposes.Energy-saving is voluntary agreements between governments and enterprises for public access to environmental and socio-economic interests and the interests of the voluntary agreement of great theoretical and practical significance. This article from the voluntary energy-saving analysis of the legal nature of the agreement proceed, the existence of the theoretical basis and practical basis, in order to build a development environment in line with China's demand for energy management in the legal system.This paper is divided into four parts.In the first part, first of all from the environment about the meaning of the contract, the contract that the environment including environmental protection and environmental responsibility of the two major categories of voluntary agreements. And in this paper to the energy-saving voluntary agreements on the environment is the scope of the contract, is a formal environmental voluntary agreement, means the government, enterprises, social groups or voluntary third-party involvement, developed jointly designed to achieve energy-saving goal to reach the desired . Secondly, the voluntary agreement of energy-saving features of the law. Voluntary agreements with energy-saving not only the contracts of general environment: administrative, contractual, environmental nonprofit, also has its own personality: a voluntary, flexible, multi-participatory. Finally, energy-saving voluntary agreements with specific administrative act, civil contracts were compared. In the horizontal comparison, on the basis of voluntary agreements on energy saving for a general description.The second part, first introduced in Japan, the EU Member States and the United States and other developed countries in the field of environmental protection, use of the environment the successful experience of voluntary agreements, environmental Practice has proved that voluntary agreements can effectively compensate for the lack of administrative means, is conducive to the formation of the whole society Public participation, extensive cooperation and shared responsibility for the environment new concept of environmental protection, environmental voluntary agreements with the formation of development in line with the development of the practice of environmental protection. Environmental voluntary agreements is the mainstream of the global trend of environmental management, the successful experience of foreign countries to China are very valuable reference. Second, details on China's first energy-saving pilot voluntary agreements and effectiveness. In the United States Energy Foundation, funded by Shandong Provincial Economic and Trade Commission and the Jinan Iron and Steel Group and Laiwu Iron and Steel Group Corporation, an agreement on the implementation of a two-year pilot, and has achieved success. But contrast the situation abroad, China's implementation of voluntary agreements in the energy-saving process, the lack of system security, did not lead to make the most of.The third part, through the theoretical and practical analysis, the answer to why the introduction of energy saving in China's voluntary agreement, and the agreement on China's development prospects. First, the implementation of energy-saving voluntary agreements is conducive not only to make up for the legal system and enforcement mechanisms of environmental administrative shortcomings, the environment will also help balance the public interest and corporate economic interests between the contradictions, thus contributing to the community as a whole all the people involved in the formation of a new energy-saving environmental protection Concept. Secondly, the energy emission reduction has become China's governments at all levels in the "11th Five-Year Plan" period the emphasis of the work. The revised "energy conservation law" for the first time that the unit will actively encourage the use of energy-saving voluntary agreements of this new type of energy management practices. Finally, as energy-saving voluntary agreements legal basis - of administrative law is constantly evolving, the main trend of diversification and balance theory, the proposed services on the implementation of the agreement laid a theoretical foundation. All these indicate that China's energy in the field of energy-saving implementation of voluntary agreements is not only necessary but also a development prospects.The fourth part, elaborated on how to build energy-saving in China's voluntary agreement of this new type of energy management in the legal system. First of all, in administrative law and the basic principles of contract law, reliable protection principles and the principle of freedom of contract limited to the application of energy-saving voluntary agreements play an important role. Secondly, as energy-saving voluntary agreements legal system is the most crucial part of how the rational allocation of rights and obligations between the parties, to environmental public interest and private interests of balance. Finally, in China's existing administrative law system relief not enough to solve the contract disputes the circumstances, the establishment of a third party monitoring and mediation mechanism can not only help the parties to express their own aspirations, but also deal with disputes between the parties to simplify the procedures, which are more conducive Energy-saving protection of the implementation of voluntary agreements.