The Chinese Energy Management Contractlegal Analysis And System Innovation From The Perspectiveof Energy Management Contract

Contract energy management refers to a kind of energy-saving services mechanism, by which energy management service company (EMCO) and energy consumption unit enter into energy management contract setting up energy-saving target for energy-saving project. Per the contract, the energy management service company shall provide any necessary services for accomplishing the energy-saving target, and in return, the energy consumption unit shall pay the EMCO from energy-conserving benefit for EMCO’s cost and reasonable benefit. It was born in70s of last century under the background of global energy crisis. In the circumstance that relying solely on governments alone could not solve the energy crisis, a new mechanism i.e. energy management contract (EMC), which mainly replies on the market, was created. It largely promotes the development of the energy saving mode and improves the efficiency of energy saving, and has therefore been widely promoted and practiced. As a new business mode for energy saving area, it has its value of win-win; but since business consists of competition, it surely will be closely related to risk. Therefore, unless the contract energy management is normalized and legally regulated, and unless duties and rights of parties of the EMC are explicit, the mechanism would not be largely promoted.Currently, EMC has been booming in our country. But compared with developed countries, our contract energy management system still has some issues, such as the level of the normative documents is rather low and the operability of them is not quite good, lack of detailed regulations for energy service industry, the object of it is too single, the adjustment of the fiscal and taxation system cannot well serve the purpose, etc.. As a new commercial trading pattern, if its efficiency and transaction safety cannot be systematically ensured, the function of this new pattern may not be able to be fully achieved. Therefore, the merit of this essay is to study what kind of law system can suit the EMC well, in order to protect the legal interests of all participants of the EMC projects, to ensure the project will product real and effective amount of energy saving, and to avoid mutually making excuses when there are disputes.Energy service companies and energy management contract signed with between energy unit is the core of the contract energy management system.Therefore, to normalize the Contract energy management mechanism from the aspect of laws, the top priority should be provide a precise legal orientation of EMC. Considering academics has not reached an agreement regarding the nature of EMC, and cannot find a identical type of contract in the current classification of contracts. By referring to the current regulations on contracts, it cannot perfectly solve the detailed questions of EMC mode, which is adverse to the standardization and legalization of EMC. In view of this, this essay is trying to conclude the analyze necessity and merit of the legalization of EMC mechanism by analyzing the necessity and merit of the legalization of EMC, from the perspective of law, and also provide relevant suggestions.