Legal Scheme On Harmonious Development Of Coal-Electric Power Industry

Current situation of conflict between coal and electricity industry has seriously affected the healthy development of national economy in China, the National Development and Reform Commission and relevant departments did reform in power industry, and have taken some measures to solve this conflict, e.g. "Coal and electricity price linkage", " Coal and electricity industry associates", but the effect is unobvious. Nearly a decade of conflict caused a series of coal and electricity adverse consequences, such as heavy pressure of coal transport, serious waste of resources, high prices of energy and increased national inflation rate, and these seriously affected the sustainable development of our economic and social.This paper takes logical analysis, empirical research, comparative research methods, data analysis and other methods on the coal and electricity industry to research and analyses the causes of conflict, its damage and the application of Chinese "anti-monopoly law". Coal price is the core of the conflict. In the "convergence of supply and demand of coal ", coal price negotiations with cattle appears between he power generation companies and coal companies. The direct cause of conflict is "two-tier coal prices" was implemented in the planned economy time. The fundamental reasons are the uncompleted power reform, the administrative monopoly of power generation, and the separatist regimes of the electricity market. The administrative monopoly in transmission and distribution sectors leads to disparities in electricity prices. The power generation provinces don't match the coal-producing provinces, or even coal-producing provinces have suffered the serious losses in the power generation business. Because of the intervention of administrative subjects in the electricity price, coal prices conflicts occur frequently in the process of transportation from the eastern coal-producing areas to the coal resources-poor energy-producing areas with the tremendous pressure to rail transport. The conflict of coal price causes a series of problems, such as, the high cost of power generation enterprises, poor-quality coal, the rising cost in production department, the huge subsidies to power enterprises, causing a huge waste of resources. Based on the relevant academic research on the coal industry and data analysis, the thesis proposes the opinions to solve the conflict and the reform in power sector should take the tariff reform as the core. "Power Law" and "Anti-monopoly Law" should be used to guide tariff reform, thereby rationalizing the price relationship between the coal industry and power industry in order to ease the conflict caused by inflation because of rising energy prices.This article consists of three parts:The first part is to show questions, and through the generalization of the phenomenon of the loggerhead between the coal and power industry at the meeting of'the convergence of coal production, transportation and demand'and policies and measures implemented by relevant national authorities in each calendar year since 2003, make an comparative analysis and research on the statistics about coal production, coal consumption, power generation in the main coal producing areas of Shanxi, Inner Mongolia and power main producing areas of Jiangsu and Zhejiang, Guangdong, explain the direct cause of conflict, coal industry and the root cause, and then analyzes the economic development of China's coal-harm.The second part is to analyze policies and measures implemented in order to resolve the current conflict over the coal and electrical industry, and through the " Coal and electricity price linkage " and " Coal and electricity industry associates " Jurisprudence, the nature of administrative monopoly on power companies, indicates Chinese "Antitrust Law" on the existence of administrative monopoly power industry regulation imperfections.The third part is to elaborate how to apply the "anti-monopoly law" to the administrative monopoly of power companies. Proposed for the coal and electricity industry to resolve the conflict, pointing out that "anti-monopoly law," "Electricity Act" to further revise and improve the content and the electricity price reform of specific measures.