Study On Legal System Of Energy Performance Contracting

Energy performance contracting as some new business model, It main divided into energy-saving benefit sharing, section energy guarantee, energy costs, financing lease and mixed type several types. As indispensable one subject in the energy performance contracting, energy service company is actively seeking energy-using units of energy saving requirements, and strive to signing contract energy management agreement, it is a new type of energy-saving service contract, belongs to the nameless contract in civil law. At the same time, the implementation of energy performance contracting also has the very vital significance, not only can efficiently save energy, and can guarantee the market main body multi-win-win situation. Since the 1970s after the energy performance contracting produced in western developed countries, after decades of development, now has become a more mature industry in western developed countries. In the United States, Canada, South Korea, Japan and other countries of energy performance contracting law on the basis of practical experience, obtained some important enlightenment, including strengthening the government procurement energy performance contracting support, attaches great importance to the energy conservation service industry and improve the energy performance contracting project financing environment and so on, it perfect our legal system of energy performance contracting has a great reference function. As a kind of take the market as the center of the business model, it inevitably accompanied by a certain risk, as a result, more need to be further in-depth study energy performance contracting mechanism, from the theoretical level rich energy performance contracting of the relevant system, expand its energy-saving market visibility, so as to fully guarantee the social benefits of economic development. Since the 1990s in China since the introduction of energy performance contracting mechanism, after more than ten years of development, has begun to take shape in the construction of legal system. At present,energy-saving services industry is still faced with the lack of specific norms, lack of energy audit system guarantee, contract energy management obvious lack of financing mechanism, finance and tax law incentive and constraint and contract energy management remedy mechanism is not sound and so on. This is certain extent the promotion of contract energy management mechanism in our country, hindered the development of national energy conservation to emissions reduction engineering process. Therefore, based on the current contract energy management of the defects in the market in our country, and in more foreign contract energy management, on the basis of practical experience, put forward a series of designed to improve the legal system of contract energy management in our country, including establish energy conservation service industry system, strengthen the energy audit, perfecting the energy performance contracting energy performance contracting financial support, to strengthen the construction of taxation law incentive constraint, and improve the system of energy performance contracting relief measures and so on. To further enrich and perfect the legal system of energy performance contracting in our country the theoretical base. It comprehensive and multi-angle promote the development of energy performance contracting market in China.