Study On The Law Enforcement System Of Energy Conservation Supervision In China

Energy is the necessary material basis for the sustainable and healthy development of China’s national economy and the growing material and cultural needs of people, which is related to the success of our country’s great strategy of sustainable development.In recent years, with the rapid development of economy and society, the contradiction between energy supply and demand has become increasingly prominent. By the effective management of energy, which is also called energy-conservation management, using energy much more efficiently not only can ease the current energy shortage situation, but also improve unit efficiency. More importantly, it can help protect environment and ensure that our country’s great rivers and mountains can be kept to the offspring. The law Enforcement System of Energy-conservation Supervision is an integral part of China’s legal system, and the indispensable part of the law enforcement system. As an energy-conservation supervisor and law-executor, I write this paper in the view of a law-executor. The paper analyses the energy-conservation law enforcement system of China and tries to explore a suitable improvement method for China’s national conditions base on the practical experience of law enforcement. Chapter 1 draws a conclusion of the present research situation of this topic by collecting research literatures which are topic-related at home and abroad and clears the research ideas and research methods and set the goal of this thesis base on the author’s practical experience.Chapter 2 gives a brief introduction of the concept, characteristics, elements and principles of China’s energy-conservation law enforcement system, and also introduces the main situation of the whole law enforcement system of energy-conservation supervision by examples. Chapter 3 points out the problems that law enforcement system of energy-conservation existed through the analysis of the evolution and the present situation of China’s law enforcement system of energy-conservation. The problems are as follow:energy-conservation supervision agencies lack of the legal right of punishment; law enforcement workers lack of legal guarantee; the legal subject of law enforcement is not clear; the procedures of law enforcement of the energy-conservation supervision are conflict with the provisions; the evidence model is easy to produce loopholes in the law enforcement; legal supervision and reporting system is imperfect, and so on. Chapter 4 gives a brief introduction of inspiration of the law enforcement system of energy-conservation supervision of our country drawing on the experience of energy regulatory from 5 nations, which are the United States, the European Union, Belgium, the United Kingdom and Japan, through the analysis of the contrast of the level of the regulatory body, regulatory pattern, the establishment of mechanism of energy regulatory technical force and the construction of public participation system. Chapter 5 extracts and purifies suggestions on how to improve the law enforcement system of energy-conservation supervision in China by the inspiration from the foreign advanced experience. The suggestions are as follow:clear and definite the subject of law enforcement of energy-conservation supervision and implement rules of "separation of government supervision, the vertical management’; enrich the relevant legal content of energy conservation law enforcement procedures; establish law enforcement system of public participation; establish the system of law enforcement by the supervision unit to bear the burden of proof; establish grading system of law enforcement and so on.