The Legal System Study On Energy Conservation Promoted By Market Mechanism

Energy is closely linked to human society. It is very important to us. Meanwhile, it can influence the international politics. With the further expansion of China's economic scale, the needs of energy grow faster and faster. Facing the shortage of energy, the contradiction of energy supply and demand, and the environment pollution, energy conservation has become not only an inevitable choice to realize the country's modernization, but also an exclusive requirement to realize the sustainable development of economics, society and environment.China's energy conservation promoting mode, which was based on the government, cannot fully mobilize the enthusiasm of the market. It forces enterprises to regard energy conservation as their additional responsibility, which can't bring endogenous identity on energy conservation. On the contrast, market mechanism has several advantages, which couldn't be replaced by administrative means, on cost reduction, administrative efficiency enhancing and government subsidy decreasing. As the main part of resource allocation in the energy field, market can promote the enterprise and individual to save energy, rationally utilize the energy and raise the energy using efficiency through competition mechanism and stimulating mechanism. So, we must cultivate and establish the energy conservation market through the design of law and mechanism, giving full play to the function of market mechanism.This paper is based on the theory of environmental law. It discusses the related basic theory and system construction that promotes the energy conservation legal system through the market mechanism. It uses multidisciplinary methods such as the science of law and economics. Also, it uses the methods combining history review, compare and analysis, statistics and induction. The author tries to differentiate the connotation of energy conservation and energy conservation law, discusses the possibility of introducing market mechanism into energy conservation law, and analyses its theoretical basis, and introspects energy's exterior theory, hoping to enrich the related theory of environmental law and make some theoretical innovation. At the same time, after analyzing the actuality of China's current energy policy and legislation which facilitate the development of energy conservation legal system by making use of market mechanism, this paper discusses the legal system including building energy price reform, improving the financial incentive measures, and cultivating energy conservation service market, in order to consummate China's legal system through market mechanism, trying to make some mechanism innovation.This paper is divided into four parts:In the first part, beginning with the concepts of energy conservation, energy conservation legal system and market mechanism, it introduces the theoretical basis of how the energy conservation legal system to utilize market mechanism, and point out the shortcoming of the energy conservation responsibility model leaded by the government. Then this paper analyzes the fierce challenges China is facing while utilizing the energy, laying foundation for further discussion and analysis in the following parts.In the second part, in the basis of analyzing China's legal system which promotes energy conservation through market mechanism, the paper points out the problems and shortages, which are mainly displayed in that heavily reliant on administrative measures, energy price is not rational reflecting energy's shortage and the imperfect of energy conservation service market, and so on.In the third part, the author investigates countries and regions like the U.S., EU and Japan, where the market economy is quite developed. Through the investigation of their leading legislation, mechanism and ideas on the legal system of facilitating energy conservation by market mechanism, the author hopes to provide reference to China's system construction.In the fourth part, the author discusses China's legal system construction in which energy conservation is facilitated by market mechanism. The author gives forward improvement suggestions on aspects such as the consummation of related laws and regulations, the improvement of financial incentive measures, and giving priorities to the cultivation and development of China's energy conservation service market.