A Study On The Legal Problems Of Target Responsibility System For Energy-saving And Emission-reduction

Target-related responsibility system plays an important role in all aspects of governments'work.It is instrumental in keeping governments operating smoothly. Target-related responsibility system in energy saving and emission reduction is the most basic system which aimed at promoting energy conservation and pollution reduction.In the task of energy saving and emission reduction, target is abstract.To accompany the task, we should lay down, assign, execute and appraise definite index. Further more, we should also set up relevant liability system.As a result,we can draw a conclusion that the essence of target-related responsibility system in energy saving and emission reduction is the management of the whole process.Its core element is the index system.There are still many problems in the whole process of energy saving and emission reduction. Firstly, energy saving and emission reduction index belongs to policy goal, it has the characteristic of importance,consultative,flexible, objective and can not be investigated. This is the main cause of prombles in the process. Secondly, the process of setting index, which is short of appropriate procedures, can not reflect the scientific and democratic requirements. Further more,the shortage of the distributing of index is lack of consideration about the actual situation and communication mechanism between central government and local governments.Thirdly, there are some inappropriate acts in the process of execution.For example,the policy of regional restriction is not regular,the electricity rationing policy violate the interests of businesses and residents.Fourthly, the assessment of energy conservation and pollution reduction is result-oriented but prosess-contemptuous.Fifthly,legal liability institution in the target-related responsibility system is not complete,espically about government's liability.As these issues closely intertwined, interrelated and reinforce each other, it is difficult to achieve the ideal goal if we find the solution seperately .To achieve the goal,we should find the fundmantal solution.The fundmantal cause of problems mentioned above is absence of the rule of law,as a result,from a long perspective,we should bulid up legal protection mechanisms.According to the actual situation of our country,the distributed legislative path is more feasible. Firstly, it needs to determine the legal status of the target responsibility system in "Local Government Organization Act". Secondly, considering that energy saving and emission reduction belongs to different fields, it should have special chapters on energy saving and emission reduction target responsibility system requirements in "Energy Conservation Law" and "Environmental Protection Law ".