CBCGDF Ten Recommendations on Energy Law Revision Have Been Submitted to the National Energy Administration | CBCGDF Policy and Research Department (II)
2020/5/13 13:06:00 本站

VI. The State Council should be authorized to formulate an ecological compensation mechanism for energy development and utilization


The eco-compensation mechanism for energy development and utilization should be operable, and it is not appropriate to stay on the framework only. Article 35 of the "Draft for Comment" [Ecological Compensation for Energy Development and Utilization] has made in principle provisions, but the operational clauses of the specific compensation mechanism are missing.


It is recommended to combine the overall situation of China's ecological protection compensation system and authorize the State Council to formulate a unified ecological compensation mechanism to make specific provisions on ecological compensation in pollution control, ecological restoration and land reclamation.


VII. The guarantee system for the consumption of renewable energy and the legal responsibility for energy saving and emission reduction should be added


The "Draft for Comment" has made the principle requirements in Article 45 [Renewable Energy Consumption Guarantee System] and Article 61 [Energy Conservation and Emission Reduction Obligations], but there is no corresponding legal liability provision, which is not conducive to the actual work, it is necessary to fully guarantee and promote the consumption of renewable energy and energy conservation and emission reduction. It is recommended to add it.


In addition, climate change has become the focus of the world's attention, and the "Consultation Draft" has made principle requirements for climate change. However, the control of greenhouse gas emissions should be strictly implemented to the requirements of enterprises, including specific indicators of total emissions and corresponding penalties for incomplete and unreachable situations, and other legal liability provisions.


VIII. Provisions on the establishment of special chapters for information disclosure and public participation


Information disclosure is an important means to protect the public's right to know and establish the credibility of government departments, and it is also an important way to urge the government and enterprise departments to do a good job in energy management, development and utilization. In view of the important influence of the Energy Law, the public deserves the right to know and participate in energy strategy and planning, development and processing conversion, supply and use and other related information.


Energy development and utilization and supervision and management involve all aspects of national economy and people's livelihood. It is recommended that the "Draft for Comment" establish a special chapter on information disclosure and public participation to fully protect the public's right to know and participate.


IX. Increase the provisions of public interest litigation laws involving energy


Energy development and utilization, especially the development and utilization of fossil energy, have a greater impact on the ecological environment. In addition, the development of non-fossil energy such as hydropower and nuclear energy also has a huge impact on biodiversity conservation and environmental security, which may damage the public interest.


In view of the fact that China has established a relatively mature environmental public interest litigation system, the law stipulates that social organizations that meet the conditions can bring a lawsuit to the people ’s court for acts involving pollution of the environment, destruction of the ecology, and damage to the public interest. In practice, procuratorial organs and qualified social organizations are qualified plaintiffs to carry out such civil public interest litigation. Therefore, it is recommended that the "Draft for Comment" be based on laws such as the Civil Procedure Law and the Environmental Protection Law, which clearly specify: "Regarding acts of energy development and utilization that pollute the environment, destroy the ecology, and damage the public interest, the organs and relevant organizations prescribed by law may file a lawsuit in the people's court."


X. Definition and interpretation of "new energy"


"New Energy" is mentioned in Article 62 [Energy Saving Government Procurement] of the "Draft for Comment", but no definition or explanation has been made to this, which is not conducive to judging the difference and connection between renewable energy and new energy.


It is recommended that Article 115 (Legal Interpretation of Terms) of the Supplementary Provisions define and explain "new energy".

Original Chinese article:


By / Maggie