Legal System Research On Energy Conservation Voluntary Agreement

With our country’s economic development in the new normal, energy conservation has become a prime target for energy development, it is very important to improve the legal system in the field of energy saving. At present, voluntary energy conservation agreements has proved to be a "mutual benefit" and "cooperation" new system by the developed countries and regions.It is help to make a new energy-saving mechanism under the concept of government, enterprises and the public co-operation. China energy conservation voluntary agreement practice is still in the initial stage, from the point of view of the law, strengthen legal research on the voluntary energy conservation agreements of this new energy-saving mechanism, constructs conforms to the condition of our country of energy-saving voluntary agreement legal system, can make up for the shortage of our current legal system of energy-saving, provide theoretical support for the perfection of the legal system of China’s energy-saving, for voluntary energy conservation agreements in our country smoothly, provides an important legal protection.Voluntary energy conservation agreements is in energy-saving management reference form of environmental administrative contract is one of the most important products, but it has not only administrative and desirability of the basic characteristics, is not available in the general administrative contract, voluntary, flexibility and multi stakeholder involvement of other special features, in the system design has many differences. Therefore, we should strengthen on energy conservation voluntary agreement of jurisprudential study, in actively learn from foreign energy-saving voluntary agreement legal system and advanced practical experience based, formulate a set to conform to the reality of our country’s energy saving voluntary agreement legal system of special rules.In this paper, on the one hand, from the energy-saving voluntary agreement of basic principles, subject parties rights and obligations set, protocol alteration and termination, supervision mechanism etc. the basic contents of, systematic analysis of the voluntary energy conservation agreements of the basic framework of the legal system; on the other hand, this paper combines the system of special voluntary energy conservation agreements, in the study proposed voluntary energy conservation agreements related to the special system arrangement. Voluntary energy conservation agreements as an encouragement to promote new energy-saving mechanism, and rise to the legal level, the incentive mechanism is the core of the rights and obligations; as a energy-saving measures based on voluntary market mechanism, the government as the dual role of the parties of the agreement and the supervisor deposit in weak supervision of risk, should be a reasonable set of public participation and supervision mechanism, to the effective implementation of security voluntary energy conservation agreements.