Study On Problems In Petroleum Reserve Legislation

As one strategic resource, the petroleum relate to a national economy, politics and military security. In recent years our country's petroleum demand unceasingly increased. The import volume increased progressively year by year, the degree of dependency on foreign enhanced unceasingly. Many developed countries have been gradually established quite complete petroleum reserve system through the legislation. It has played the vital role in the maintenance of country's energy and economic security. Although our country's petroleum reserve construction has already started, but the petroleum reserve legislative work lag seriously, the research on petroleum reserve legal system only just started. We need to speed up the formulation of our country's petroleum reserve law and the establishment of petroleum reserve legal system which conforms to our country national condition as soon as possible.This article is under the instruction of the scientific development view. Under the angle of environment and resources law, utilizing comparison method, classification method and so on research techniques discusses the construction, the standard and consummates of the petroleum reserve system through legal method. Through the analysis and the elaboration defines the petroleum reserve which studies in this article as: According to the national relevant laws and regulations, in order to prevent the petroleum supply disruption because of the petroleum supply large reduction or the petroleum price large rise, maintains the country energy security, the economic security and the political military security, holds the petroleum material accumulation by the government and the large-scale petro chemistry enterprise. Then analyzed and elaborated the petroleum reserve system, the petroleum reserve legal regime connotation as well as relations between them. The article defines the petroleum reserve legal regime as: In order to maintain state economy stable and the political security, the sum total laws and regulations related in the safeguard of the establishment and play reasonable utility of petroleum reserve system. These have made the background in the full text for the deep research into the petroleum reserve legislation question. From holds down the oil price, stabilizes the market, participate international energy business, maintained energy, economy, politics, military security of the nation elaborated the necessity of our country in establishing the petroleum reserve in detail. The article has carried on the system analysis to the success experience of the developed country petroleum reserve legislative work. Summarize its characteristic as: Antecedence of law in the petroleum reserve; diversification of reserve main body system; strict reserve use system; diversification of reserve fund system which established mainly by country; determined unified reserve management organization according to law; determined reasonable reserve object and scale; clear regulate selection standard of reserve location. Our country should formulate petroleum reserve law through learning the successful experiences of developed countries in the petroleum reserve legislative work and unifies our country concrete national condition. Clear about some basic principles which our country's petroleum reserve law must be established and has carried on the thorough analysis and proof to each basic principle. Through the analyzes of the successful experience in the developed country petroleum reserve legislative work and according to our country concrete national condition, the article proposed the concrete legislation tentative plan to some system design of our country's petroleum reserve law, separately from the reserve main body system; reserve use system; the reserve decision-making and supervising organization, stockpiles place choice standard, reserve fund system, reserve object and scale, petroleum reserve information statistics and reporting system. In the petroleum reserve law our country needs to stipulate the establishment of special petroleum reserve decision-making and supervising organization and clear regulate its function and responsibility. Petroleum reserve law of our country should clear regulate legal liability in the course of the petroleum reserve from mechanism responsibility and individual responsibility.