Research On The Ecologicalization Of Energy Legal System Of China

Our country as a whole is at the middle stage of industrialization at present.As the rapid advance of economic development, various problems have begun to break out.The worst is the environmental damage which come out in the process of economic constrution .The environmental pollution and climate change issues which caused by energy using, has been concerned emphatically in particularly.In order to effectively managed the externalities which lied in the process of energy utilization , and weaken it's negative impact as far as possible.This is the responsibility of Energy Law."Recent years,Energy Law is the fastest growing areas of legislation in China. Under the view of ecological civilization's guidance,more and more emerging energy law shows the characteristics of ecologicalization",and this cause the energy legal system a series of ecological change.This paper start to write with investigating the current situation of energy utilization and environmental disruption caused by its utilization,and giving consideration to our country's current technology, economic strength and social development level, point out that the most feasible way of solving the currently energy dilemma is on the basis of excavating the potential of energy efficiency , combined with the developing of clean new energy in China.I get a conclusion ,after analysing of traditional ecological view and the effect which from its on energy legislation ,which the shortcomings of traditional ecological view is the source of energy and environmental issues.At the same time,through investigating ecological civilization and the legislation and practice of energy law experience from domestic and international,I think that we can effectively manage the externalities which lied in the process of energy utilization ,and solving the Energy and Environmentproblem from the fundamental only if introduce the ecological civilization into energy legal system. Based on this ideological understanding, this paper propose that cause the energy legislative concept, the principle of legislation, the specific system and the forthcoming Basic Law to comprehensive ecologicalization,by this way China's energy industry will embark on a green path of development. The paper is divided into four parts, a total of four chapters.The first chapter investigated our country's current situation of energy utilization and the pressure of environment, global climate change issues and our country international duty of reducing greenhouse gases emissions.Based on this,this paper analysed the shortcomings of traditional energy law system and its theoretical roots of ecological ethics,and investigated the modern ecological ethics and ecological civilization theory, and discussed the necessity and feasibility of introduced it into energy legislation.The second chapter discussed the tasks of achieving the goal of the energy legal system's ecologicalization,make the effort in the principles of legislation, that is, to develop principles of legislation ecological .The third Chapter proposed concrete conceive of ecological system of energy law.Including the legal system of energy efficiency, clean energy development and carbon emissions.Based on investigating the pros and cons of foreign experience in these areas and the the analysis summaries of our country's energy law construction and energy industry development practice experience, proposed some concrete conceives.The third Chapter, Based on the discussion of the previous three chapters, make a general outlook of the energy Basic Law's ecologicalization which be about developed.Energy Basic Law is the law which guide comprehensivly other law of energy law area,it has the role of programmatic.It coordinate the conflict between the commonality of the energy sector, global issues and energy laws and regulations. Therefore, if we want the energy legal system ecologicalization ,there must be an ecological energy Basic Law.