中国能源监管体制改革研究
发布时间：2019-05-24 18:10
【摘要】：能源是国民经济和社会发展的基础。随着我国经济社会发展规模日益壮大,能源需求呈不断上升态势,能源对外依存度增加,应对气候变化和环境保护的压力加大,政府能源管理的任务也将会越来越重。政府能源管理职能主要分为能源政策职能和能源监管职能两个部分。本文研究主要涉及政府的能源监管职能及其体制改革问题,一共分五章: 第一章:能源监管基本问题分析。能源是指能够提供各种形式能量的物质或者物质运动,具有资源属性、商品属性、管网垄断属性、可替代属性、公共属性和政治属性等特点。能源监管是指国家能源监管部门根据法律法规授予的监管职权和范围,依据法定的程序和标准,对能源行业和市场的参与者(企业或个人)及利害关系人的相关能源活动进行监督和控制的行政活动。能源的特性决定了能源监管是一种社会性监管和经济性监管相结合的监管活动,具有市场有限性、政策性和公共性等特征。从监管必要性来看,能源监管有利于确保国家能源安全、保证能源市场平稳高效运行、节约能源和提高能源效率、优化能源结构、保护环境和应对气候变化等目标的实现;与此相应,能源监管的范围和内容主要是:能源安全监管、能源市场监管、节能和能源效率监管、能源结构监管和能源环境监管。能源监管主要可以分为以下几类:社会性监管和经济性监管;自律性监管和他律性监管;命令控制型监管和激励性监管;原则性监管和规则性监管等。能源监管主要建立在三个理论基础之上:一是市场增进论,它克服了市场失灵论和监管失灵论的缺陷,强调政府和民间部门对市场的协调增进作用,更好地发挥了政府和民间两种力量,共同推动市场的发展;二是普遍服务理论,主要是把基本的能源消费作为一项公用事业来看待,以确保消费者获得公平、普遍、价格合理的基本能源服务,特别是为了确保边远地区、农村地区和弱势群体获得相应的能源服务,能源普遍服务义务已经成为能源服务合同的一般条款;三是可持续发展理论,主要是要求在开发利用能源资源时,既要考虑当代人的需求,也要考虑后代人的需要,要保持能源-经济-环境发展的可持续性,它对能源监管的基本要求是:优化能源结构、提高能源效率、节约能源和加强环境保护等。 第二章:我国能源监管体制的现状、问题和改革思路。我国能源监管体制正处在计划经济体制向市场经济体制转轨的时期。能源监管体制主要涉及能源监管机构的设置、能源监管职能的配置和能源组织规范三个问题。从纵向来看,我国能源监管体制经历了从高度集中的政企不分、政监不分的行业计划管理体制向政企分开、市场化改革和专业化监管机构的方向发展,但是行业分散监管的格局仍然没有很大改观。从横向来看,煤炭、电力、核能、石油天然气、节能和能源效率、可再生能源等监管职能的配置混乱,能源监管机构设置分散,既有专业化程度较高的煤矿安全监察局、国家电力监管委员会,也有国家发展和改革委员会、国家能源局这样的能源行政管理部门。能源监管职能的配置存在职能混淆、分散和定位模糊等缺陷;能源监管机构的设置存在不稳定、分散、缺乏综合性、高效、权威、统一的能源监管机构;能源组织规范建设比较落后,能源立法不能跟上体制改革的需要。因此,改革是我国能源监管体制完善的必由之路。笔者认为,我国能源监管体制改革的基本思路是:第一,根据监管独立性的原则,实行政企分开、政监分离,正确理顺能源政策主管部门和能源监管机构之间的关系,实现能源监管机构设置的独立性。第二,按照能源政策职能和能源监管职能分离的原则,顺应放松经济性监管、加强社会性监管的发展趋势,继续巩固扩大能源安全、能源环境、节能和能源效率监管职能,进一步明确能源监管机构的微观监管职能的范围。第三,按照循序渐进的改革思路,考虑改革方案的可操作性,确立三步走的改革战略:第一步保持现有的分行业监管现状,将其他能源监管职能集中到能源行政管理部门;第二步实行分行业独立监管,在加强煤矿安全监察局、国家电力监管委员会监管独立性的同时,成立核能监管委员会、石油天然气监管委员会、节能和可再生能源监管委员会,分别独立履行各能源行业的监管职能;第三步实行综合性的统一能源监管,将各行业能源监管职能进行合并,设立独立的能源监管委员会,统一行使能源监管职能。按照以上改革基本思路,可以确定我国能源监管体制改革的近期目标、中期目标和远期目标。 第三章:能源监管职能配置改革。能源监管职能的配置是能源监管体制改革的核心问题之一。笔者认为,能源监管职能的配置应当遵循职能独立、职能分离、职能效率和职能法定等基本原则,处理好以下几对关系:一是能源监管机构和能源政策部门之间的职能配置关系,主要是要实现能源政策职能和能源监管职能的分离,为了此目标,我国可以采用循序渐进的思路,先实行能源政策职能和能源监管职能相对集中的做法,然后是各行业监管职能分离,最后实现能源监管职能的统一分离。二是能源监管机构和其他监管机构之间的职能配置关系,主要包括与反垄断机构、环境监管机构和安全监管机构之间的职能配置关系,主要应当加强能源市场政策和竞争政策执行的协调与合作,确立环境监管、安全监管优先于能源行业监管的一般原则。三是中央能源监管机构和地方能源监管机构之间的职能配置关系,我国是单一制国家,监管职能应当实行垂直一体化的体制,在确保中央监管机构监管权威的同时,应当考虑地区不平衡和地方特殊情况,赋予地方监管机构一定的能源监管职能,以防出现监管真空和监管不力的情况,并取得地方政府支持。 第四章:能源监管机构设置改革。能源监管机构的设置模式主要有三种:日本集中式的能源行政管理部门模式;美国独立的能源监管委员会模式;法国行政管理部门和公务法人相结合的模式。三种模式各有自己的优缺点,从发展趋势来看,独立、自治的能源监管机构模式是大多数发达国家的选择。我国大多数学者的研究结果表明,在我国应该设立专业化的能源监管机构,履行能源市场的微观监管职能;政府的能源行政管理职能和能源监管职能应当分开,即实行政监分离的原则;应当确保能源监管机构独立的法律地位,以便在履行监管职能时具有相应的权威性。笔者认为,我国能源监管机构的设置应当遵循三步走的改革思路:第一步,采取适当集中的一般行政管理部门设置模式。不设置新的能源监管机构,重点是调整能源监管职能和加强能源监管立法,在保持煤矿安全监察局、环境保护部国家核安全局和国家电力监管委员会现有职能的前提下,将其他能源监管职能适当集中到国家发展和改革委员会、国家能源局。因为改革初期需要强有力的政府部门推行能源产业政策和市场化的进行,也有利于改革政策的统一性和稳定性。第二步,采取分行业的专业化能源监管机构设置模式。继续保持煤矿安全监察局和国家电力监管委员会的设置;设置由环境保护部管理的能源环境和核能监管委员会,负责能源环境监管和核能监管;设置国家发展和改革委员会监督管理的石油天然气监管委员会、节能和可再生能源监管委员会。第三步,采用综合性的能源监管机构设置模式。撤销国家能源局,组建能源部或者环境能源部,统一行使能源或者环境行政管理职能,制定国家能源或者环境战略、规划和政策;保留国家能源委员会,作为国务院的议事协调机构,继续负责我国能源重大战略和重要政策的制定和协调;设置能源监管委员会,统一行使我国能源监管职能,能源监管委员会接受能源部或者环境能源部的合法性监督。 第五章:能源监管体制改革配套保障。主要包括政策协调机制、利益平衡机制和进行配套立法三个部分。能源监管体制改革过程中,必然涉及各种能源政策的协调问题,比如宏观层面的国家经济政策、能源政策和环境政策的协调问题,能源产业政策和竞争政策的协调以及各行政管理部门和监管机构之间的能源政策协调问题。政策协调可以采取多种形式,如设置议事协调机构或者临时机构,建立联席会议制度、工作通报和信息交流制度以及联合执法制度等,也可以借鉴国外经验,采取签订合作协议、互派代表、共同制定文件和报告等形式,政策协调机制应当朝形式多样化、合法化和契约化的方向发展。能源监管体制改革的实质是对利害相关方的利益进行再分配,主要应当平衡五种利益关系:社会利益、经济利益和生态利益关系;区域利益关系;代际利益关系;能源行业利益和消费者利益关系;中央和地方利益关系。合理的生态补偿机制、市场化的能源定价机制、能源行业组织和消费者组织的建设是做好利益平衡的一些主要措施。法律是最好的利益平衡器,加强能源监管体制改革的配套立法工作,有助于实现能源监管的规范化和法制化。我国能源监管立法应当充分借鉴欧盟和美国的先进经验,顺应能源立法市场化、生态化、人本化和国际化的趋势,加快能源立法的的进程,及时进行各项能源法律的立、改、废工作,以巩固和保障能源监管体制改革的顺利进行。
[Abstract]:Energy is the foundation of national economic and social development. With the increasing scale of the economic and social development of our country, the energy demand is rising, the energy demand is increased, the pressure on climate change and environmental protection is increased, and the task of government energy management will become more and more heavy. The energy management functions of the government are mainly divided into two parts: energy policy function and energy supervision function. This paper mainly deals with the government's energy supervision function and its system reform, which is divided into five chapters: Chapter 1: Basic Issues of Energy Supervision Energy refers to the movement of a substance or substance capable of providing various forms of energy, having resource attributes, commodity attributes, network monopoly attributes, alternative attributes, public attributes, and political attributes. Point. Energy regulation means the supervision and control of the energy industry and the participants (enterprises or individuals) of the energy industry and the market and the relevant energy activities of the interested parties in accordance with the statutory procedures and standards, in accordance with the statutory procedures and standards. The characteristics of energy decide that energy regulation is a kind of supervision activity combined with social supervision and economic regulation, which has the market limitation, policy and publicity. In view of the need for supervision, energy regulation is conducive to ensuring the energy security of the country, ensuring the stable and efficient operation of the energy market, saving energy and improving the energy efficiency, optimizing the energy structure, protecting the environment and responding to the realization of the target of climate change, and the like The scope and content of energy regulation should be: energy safety regulation, energy market regulation, energy conservation and energy efficiency regulation, energy structure regulation and energy environment monitoring The energy regulation mainly can be divided into the following categories: social supervision and economic supervision; self-discipline supervision and other discipline supervision; command control type supervision and incentive regulation; principle supervision and regulation supervision The energy regulation is based on three theories: one is the theory of market promotion, which overcomes the defects of market failure theory and supervision failure theory, and emphasizes the role of government and civil service in the coordination and promotion of the market, and has better played both the government and the folk The second is to view the basic energy consumption as a public utility to ensure a fair, universal and affordable basic energy service for consumers, especially in order to ensure remote locations In the area, rural areas and the vulnerable groups get the corresponding energy services, the general service obligation of energy has become the general clause of the energy service contract, and the third is the theory of sustainable development, which is mainly required to take into account the needs of the present generation in the development and utilization of energy resources The basic requirement of energy regulation is to optimize the energy structure, to improve the energy efficiency, to save energy and to strengthen the environmental protection. The second chapter: the present situation, the problem and the reform of our energy supervision system The reform of the system of energy supervision in China is in the transition of the planned economic system to the market economic system The energy supervision system is mainly related to the setting of the energy supervision organization, the configuration of the energy supervision function and the energy organization specification. In the longitudinal direction, China's energy supervision system has experienced the development of the industry plan management system, which is divided from the highly concentrated political and technological enterprise and the administration and administration system to the separation of the government and the enterprise, the market-oriented reform and the specialized supervision mechanism, but the pattern of the industry's decentralized supervision is still not very good Great changes. In the transverse direction, the configuration of coal, electricity, nuclear energy, oil and natural gas, energy conservation and energy efficiency, renewable energy and other supervisory functions is in disorder, and the energy supervision organization is decentralized, with the existing specialized safety supervision bureau of coal mine and the state power supervision The Committee, as well as the State Development and Reform Commission, the Energy Administration, such as the National Energy Agency The configuration of the energy supervision function has the defects of confusion, dispersion and positioning, and the establishment of the energy supervision organization is unstable and dispersed, and the comprehensive, high-efficiency, authoritative and unified energy supervision institution is lacking; and the energy organization standard construction ratio Less backward, energy legislation can't keep up with the reform of the system Therefore, the reform is the perfect of our country's energy supervision system The author holds that the basic idea of the reform of our country's energy regulation system is: first, according to the principle of the independence of the supervision, the separation of the government and the enterprise, the separation of the administration and administration, the proper arrangement of the relationship between the competent department of energy policy and the energy regulator, and the establishment of the energy regulator Independence. Second, in accordance with the principle of separation of energy policy functions and energy supervision functions, the development trend of social supervision should be strengthened in accordance with the principle of separation of energy policy function and energy supervision function, and the development of energy security, energy environment, energy conservation and energy efficiency monitoring will continue to be consolidated The function of the tube to further clarify the micro-regulatory functions of the energy regulator Third, according to the step-by-step reform idea, consider the operability of the reform plan, and establish the three-step reform strategy: the first step is to maintain the current regulation status of the sub-industry and to focus other energy supervision functions in the energy administration and management department; and the second step is to carry out the division of the industry. In order to strengthen the supervision and independence of the Coal Mine Safety Supervision Bureau and the National Electric Regulatory Commission, the supervision committee on nuclear power, the Committee on the Supervision of Oil and Natural Gas, the Energy Conservation and Renewable Energy Regulatory Commission shall be established, and the supervision of the energy industry shall be carried out independently and independently. The third step is to carry out comprehensive and unified energy regulation, to merge the energy supervision functions of each industry, to set up an independent energy supervision committee, and to exercise the energy supervision uniformly According to the basic idea of the above reform, we can determine the short-term goal, medium-term goal and far-term goal of our country's energy regulation system reform. Objectives for the period. Chapter III: Energy Regulatory can configure the reform. The configuration of the energy supervision function is the core of the reform of the energy supervision system One of the core problems is that the configuration of the energy supervision function should follow the basic principles such as function independence, function separation, function efficiency and function legal, and deal with the following relationship: one is the position between the energy regulator and the energy policy department To be able to configure the relationship, mainly to realize the separation of the energy policy function and the energy supervision function, in order to achieve this goal, our country can adopt a step-by-step approach, first carry out the energy policy function and the energy supervision function relatively centralized practice, and then it is the supervision of each industry Separation of the functions of the pipe, and finally the energy supervision function The second is the functional configuration relationship between the energy regulator and other regulators, which mainly includes the functional configuration relationship with the anti-monopoly agency, the environmental supervision organization and the safety supervision mechanism, and the implementation of the energy market policy and the competition policy should be strengthened. Coordination and cooperation to establish environmental supervision and safety supervision over the energy industry The general principle of the general principle. Third, the functional configuration relationship between the central energy supervision institution and the local energy supervision organization, the country is a single-system state, the supervision function should implement the system of vertical integration, while ensuring the authority of the central regulatory authority, the regional imbalance and the ground should be considered The special case of the party shall be given to the local regulatory authority for a certain energy supervision function to prevent the occurrence of regulatory vacuum and poor supervision, and obtain the ground Government support of the Party. Chapter IV: Energy Administration There are three main modes of the establishment of the energy regulator: the centralized mode of energy administration in Japan; the model of the independent energy regulatory commission in the United States; the administrative and public administration of France; and the public service law. The three modes each have their own advantages and disadvantages, and from the development trend, the independent and self-governing energy regulator model is the majority The study of most scholars in China has shown that in our country, we should set up a specialized energy regulator to carry out the micro-regulation function of the energy market, and the functions of the government's energy administration and energy supervision should be separated, that is, it is implemented. The principle of separation of political supervision; the independent legal status of the energy regulator should be ensured in order to implement the supervision function The author holds that the establishment of China's energy regulator should follow three steps: first step, take the general administrative tube of appropriate concentration The establishment mode of the management department is not set. The new energy supervision organization is not set. The focus is to adjust the energy supervision function and strengthen the energy supervision legislation. In keeping with the coal mine safety supervision bureau, the National Nuclear Safety Administration of the Ministry of Environmental Protection and the National Electric Power Supervision Committee Appropriate concentration of other energy regulatory functions to national development and reform members on the assumption of functions In the beginning of the reform, strong government departments are required to carry out energy industrial policies and market-oriented, and it is also conducive to the reform of the policy Unity and stability. Step 2: Take the specialized energy supervisor of the sub-industry The establishment mode of the pipe mechanism. Continue to maintain the setting of the Coal Mine Safety Supervision Bureau and the National Electric Power Supervision Committee; set up the Energy Environment and Nuclear Energy Regulatory Commission managed by the Ministry of Environmental Protection to be responsible for the energy environment Regulation of regulatory and nuclear energy; the establishment of an oil and gas regulatory commission under the supervision and administration of the National Commission for Development and Reform, energy conservation and renewable energy Energy Regulatory Commission. The third step is to adopt a comprehensive energy monitor The State Department of Energy, the Ministry of Energy or the Department of Environmental and Energy, the National Energy Commission, the Ministry of Energy or the Environment and Energy, the State Energy or Environmental Strategy, the Plan and the Policy, and the National Energy Commission, as the State Council The deliberative and coordinating body of China will continue to be responsible for the formulation and coordination of major energy strategies and important policies of our country; set up the Energy Regulatory Commission to exercise the energy supervision function of our country, and the Energy Regulatory Commission shall accept the Ministry of Energy or the environment energy Chapter V: Supervision of the legality of the Ministry of Energy The supporting and supporting of the system reform mainly includes the policy coordination mechanism, the balance mechanism and the entry In the course of the reform of energy supervision system, it is necessary to deal with the coordination of various energy policies, such as the national economic policy, energy policy and energy policy at the macro level. Coordination of environmental policies, coordination of energy industrial policies and competition policies, as well as between administrative and regulatory bodies The coordination of energy policy can take many forms, such as setting up a deliberative and coordinating body or a temporary body, establishing a joint meeting system, working communication and information exchange system, and joint law enforcement system. Cooperation agreements, intermission representatives, joint development of documents and reports, etc., and policy coordination mechanisms should be diversified and legalized in the form The essence of the reform of the energy supervision system is to re-allocate the interests of the stakeholders, which should balance the five interests: the social interests, the economic interests and the ecological interests; the relationship between the regional interests; the relationship between the generations and the interests of the generations; and the energy industry. the relationship between the interests of the consumers and the consumers; The relationship between the central and local interests. The rational ecological compensation mechanism, the market-oriented energy pricing mechanism, the energy industry organization and the construction of the consumer organization are the best interests The balance is some of the main measures. The law is the best interest balancer, strengthening the supporting legislative work of the energy supervision system reform, and helping to realize the energy supervision China's energy regulation legislation should draw on the advanced experience of the European Union and the United States, and should follow the trend of market-oriented, ecological, and international trend of energy legislation, and speed up the process of energy legislation, and carry out various energy laws in a timely manner Law's standing, reform and waste work to consolidate and guarantee energy regulation
【学位授予单位】：中国政法大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：F206;D922.6
本文编号：2485075
[Abstract]:Energy is the foundation of national economic and social development. With the increasing scale of the economic and social development of our country, the energy demand is rising, the energy demand is increased, the pressure on climate change and environmental protection is increased, and the task of government energy management will become more and more heavy. The energy management functions of the government are mainly divided into two parts: energy policy function and energy supervision function. This paper mainly deals with the government's energy supervision function and its system reform, which is divided into five chapters: Chapter 1: Basic Issues of Energy Supervision Energy refers to the movement of a substance or substance capable of providing various forms of energy, having resource attributes, commodity attributes, network monopoly attributes, alternative attributes, public attributes, and political attributes. Point. Energy regulation means the supervision and control of the energy industry and the participants (enterprises or individuals) of the energy industry and the market and the relevant energy activities of the interested parties in accordance with the statutory procedures and standards, in accordance with the statutory procedures and standards. The characteristics of energy decide that energy regulation is a kind of supervision activity combined with social supervision and economic regulation, which has the market limitation, policy and publicity. In view of the need for supervision, energy regulation is conducive to ensuring the energy security of the country, ensuring the stable and efficient operation of the energy market, saving energy and improving the energy efficiency, optimizing the energy structure, protecting the environment and responding to the realization of the target of climate change, and the like The scope and content of energy regulation should be: energy safety regulation, energy market regulation, energy conservation and energy efficiency regulation, energy structure regulation and energy environment monitoring The energy regulation mainly can be divided into the following categories: social supervision and economic supervision; self-discipline supervision and other discipline supervision; command control type supervision and incentive regulation; principle supervision and regulation supervision The energy regulation is based on three theories: one is the theory of market promotion, which overcomes the defects of market failure theory and supervision failure theory, and emphasizes the role of government and civil service in the coordination and promotion of the market, and has better played both the government and the folk The second is to view the basic energy consumption as a public utility to ensure a fair, universal and affordable basic energy service for consumers, especially in order to ensure remote locations In the area, rural areas and the vulnerable groups get the corresponding energy services, the general service obligation of energy has become the general clause of the energy service contract, and the third is the theory of sustainable development, which is mainly required to take into account the needs of the present generation in the development and utilization of energy resources The basic requirement of energy regulation is to optimize the energy structure, to improve the energy efficiency, to save energy and to strengthen the environmental protection. The second chapter: the present situation, the problem and the reform of our energy supervision system The reform of the system of energy supervision in China is in the transition of the planned economic system to the market economic system The energy supervision system is mainly related to the setting of the energy supervision organization, the configuration of the energy supervision function and the energy organization specification. In the longitudinal direction, China's energy supervision system has experienced the development of the industry plan management system, which is divided from the highly concentrated political and technological enterprise and the administration and administration system to the separation of the government and the enterprise, the market-oriented reform and the specialized supervision mechanism, but the pattern of the industry's decentralized supervision is still not very good Great changes. In the transverse direction, the configuration of coal, electricity, nuclear energy, oil and natural gas, energy conservation and energy efficiency, renewable energy and other supervisory functions is in disorder, and the energy supervision organization is decentralized, with the existing specialized safety supervision bureau of coal mine and the state power supervision The Committee, as well as the State Development and Reform Commission, the Energy Administration, such as the National Energy Agency The configuration of the energy supervision function has the defects of confusion, dispersion and positioning, and the establishment of the energy supervision organization is unstable and dispersed, and the comprehensive, high-efficiency, authoritative and unified energy supervision institution is lacking; and the energy organization standard construction ratio Less backward, energy legislation can't keep up with the reform of the system Therefore, the reform is the perfect of our country's energy supervision system The author holds that the basic idea of the reform of our country's energy regulation system is: first, according to the principle of the independence of the supervision, the separation of the government and the enterprise, the separation of the administration and administration, the proper arrangement of the relationship between the competent department of energy policy and the energy regulator, and the establishment of the energy regulator Independence. Second, in accordance with the principle of separation of energy policy functions and energy supervision functions, the development trend of social supervision should be strengthened in accordance with the principle of separation of energy policy function and energy supervision function, and the development of energy security, energy environment, energy conservation and energy efficiency monitoring will continue to be consolidated The function of the tube to further clarify the micro-regulatory functions of the energy regulator Third, according to the step-by-step reform idea, consider the operability of the reform plan, and establish the three-step reform strategy: the first step is to maintain the current regulation status of the sub-industry and to focus other energy supervision functions in the energy administration and management department; and the second step is to carry out the division of the industry. In order to strengthen the supervision and independence of the Coal Mine Safety Supervision Bureau and the National Electric Regulatory Commission, the supervision committee on nuclear power, the Committee on the Supervision of Oil and Natural Gas, the Energy Conservation and Renewable Energy Regulatory Commission shall be established, and the supervision of the energy industry shall be carried out independently and independently. The third step is to carry out comprehensive and unified energy regulation, to merge the energy supervision functions of each industry, to set up an independent energy supervision committee, and to exercise the energy supervision uniformly According to the basic idea of the above reform, we can determine the short-term goal, medium-term goal and far-term goal of our country's energy regulation system reform. Objectives for the period. Chapter III: Energy Regulatory can configure the reform. The configuration of the energy supervision function is the core of the reform of the energy supervision system One of the core problems is that the configuration of the energy supervision function should follow the basic principles such as function independence, function separation, function efficiency and function legal, and deal with the following relationship: one is the position between the energy regulator and the energy policy department To be able to configure the relationship, mainly to realize the separation of the energy policy function and the energy supervision function, in order to achieve this goal, our country can adopt a step-by-step approach, first carry out the energy policy function and the energy supervision function relatively centralized practice, and then it is the supervision of each industry Separation of the functions of the pipe, and finally the energy supervision function The second is the functional configuration relationship between the energy regulator and other regulators, which mainly includes the functional configuration relationship with the anti-monopoly agency, the environmental supervision organization and the safety supervision mechanism, and the implementation of the energy market policy and the competition policy should be strengthened. Coordination and cooperation to establish environmental supervision and safety supervision over the energy industry The general principle of the general principle. Third, the functional configuration relationship between the central energy supervision institution and the local energy supervision organization, the country is a single-system state, the supervision function should implement the system of vertical integration, while ensuring the authority of the central regulatory authority, the regional imbalance and the ground should be considered The special case of the party shall be given to the local regulatory authority for a certain energy supervision function to prevent the occurrence of regulatory vacuum and poor supervision, and obtain the ground Government support of the Party. Chapter IV: Energy Administration There are three main modes of the establishment of the energy regulator: the centralized mode of energy administration in Japan; the model of the independent energy regulatory commission in the United States; the administrative and public administration of France; and the public service law. The three modes each have their own advantages and disadvantages, and from the development trend, the independent and self-governing energy regulator model is the majority The study of most scholars in China has shown that in our country, we should set up a specialized energy regulator to carry out the micro-regulation function of the energy market, and the functions of the government's energy administration and energy supervision should be separated, that is, it is implemented. The principle of separation of political supervision; the independent legal status of the energy regulator should be ensured in order to implement the supervision function The author holds that the establishment of China's energy regulator should follow three steps: first step, take the general administrative tube of appropriate concentration The establishment mode of the management department is not set. The new energy supervision organization is not set. The focus is to adjust the energy supervision function and strengthen the energy supervision legislation. In keeping with the coal mine safety supervision bureau, the National Nuclear Safety Administration of the Ministry of Environmental Protection and the National Electric Power Supervision Committee Appropriate concentration of other energy regulatory functions to national development and reform members on the assumption of functions In the beginning of the reform, strong government departments are required to carry out energy industrial policies and market-oriented, and it is also conducive to the reform of the policy Unity and stability. Step 2: Take the specialized energy supervisor of the sub-industry The establishment mode of the pipe mechanism. Continue to maintain the setting of the Coal Mine Safety Supervision Bureau and the National Electric Power Supervision Committee; set up the Energy Environment and Nuclear Energy Regulatory Commission managed by the Ministry of Environmental Protection to be responsible for the energy environment Regulation of regulatory and nuclear energy; the establishment of an oil and gas regulatory commission under the supervision and administration of the National Commission for Development and Reform, energy conservation and renewable energy Energy Regulatory Commission. The third step is to adopt a comprehensive energy monitor The State Department of Energy, the Ministry of Energy or the Department of Environmental and Energy, the National Energy Commission, the Ministry of Energy or the Environment and Energy, the State Energy or Environmental Strategy, the Plan and the Policy, and the National Energy Commission, as the State Council The deliberative and coordinating body of China will continue to be responsible for the formulation and coordination of major energy strategies and important policies of our country; set up the Energy Regulatory Commission to exercise the energy supervision function of our country, and the Energy Regulatory Commission shall accept the Ministry of Energy or the environment energy Chapter V: Supervision of the legality of the Ministry of Energy The supporting and supporting of the system reform mainly includes the policy coordination mechanism, the balance mechanism and the entry In the course of the reform of energy supervision system, it is necessary to deal with the coordination of various energy policies, such as the national economic policy, energy policy and energy policy at the macro level. Coordination of environmental policies, coordination of energy industrial policies and competition policies, as well as between administrative and regulatory bodies The coordination of energy policy can take many forms, such as setting up a deliberative and coordinating body or a temporary body, establishing a joint meeting system, working communication and information exchange system, and joint law enforcement system. Cooperation agreements, intermission representatives, joint development of documents and reports, etc., and policy coordination mechanisms should be diversified and legalized in the form The essence of the reform of the energy supervision system is to re-allocate the interests of the stakeholders, which should balance the five interests: the social interests, the economic interests and the ecological interests; the relationship between the regional interests; the relationship between the generations and the interests of the generations; and the energy industry. the relationship between the interests of the consumers and the consumers; The relationship between the central and local interests. The rational ecological compensation mechanism, the market-oriented energy pricing mechanism, the energy industry organization and the construction of the consumer organization are the best interests The balance is some of the main measures. The law is the best interest balancer, strengthening the supporting legislative work of the energy supervision system reform, and helping to realize the energy supervision China's energy regulation legislation should draw on the advanced experience of the European Union and the United States, and should follow the trend of market-oriented, ecological, and international trend of energy legislation, and speed up the process of energy legislation, and carry out various energy laws in a timely manner Law's standing, reform and waste work to consolidate and guarantee energy regulation
【学位授予单位】：中国政法大学
【学位级别】：博士
【学位授予年份】：2011
【分类号】：F206;D922.6
【参考文献】
相关期刊论文 前1条
1 张宗益,杨世兴,李豫湘;电力产业激励性管制机制[J];重庆大学学报(自然科学版);2002年11期
，本文编号：2485075
本文链接：https://www.wllwen.com/falvlunwen/huanjingziyuanfa/2485075.html
