节能自愿协议法律制度研究

发布时间：2019-04-12 11:30

【摘要】：随着我国经济发展步入新常态,高效合理节能成为能源可持续发展的关键,加强节能领域的制度创新、完善相关法律制度则显得尤为重要。在节能形势日益严峻的今天,节能自愿协议作为一种被国外发达国家和地区实践证明卓有成效的新兴制度,是“互利互惠”与“协商合作”理念下政府、企业、公众通力合作进行的节能新机制。目前我国节能自愿协议的实践还处于起步阶段,为了弥补我国市场化节能法律制度不足的现状,应从法律的视角加强节能自愿协议这一新型节能机制的法律研究,从而为节能自愿协议在我国的顺利开展提供重要的理论支撑和法律保障。节能自愿协议是在节能管理中借鉴环境行政合同形式的一个重要产物,但其不仅具有行政性和合意性的基本特征,更具有一般行政合同所不具备的自愿性、灵活性和多方参与性等特殊特征,在制度设计上具有多方面差异。因此,如何结合节能自愿协议这一新制度的特殊规则,构建符合我国国情的节能自愿协议法律制度,成为需要探讨的重要议题。本文一方面在积极借鉴国外先进制度经验的基础上,从理论和实践两个层面上系统研究了节能自愿协议的相关法律问题,试图从其基本原则、权利义务设置、变更与解除等基本内容入手,设计出符合我国实际的节能自愿协议的基本法律制度框架；另一方面,本文结合节能自愿协议的制度特殊性,在研究中提出了节能自愿协议的相关特殊制度安排。节能自愿协议作为一项鼓励促进的节能新机制,进而上升到法律层面,激励机制的设置应是权利义务的核心；作为一项基于自愿的市场机制的节能措施,政府作为协议主体和监督者的双重角色存在监督无力的风险,应合理设置公众参与监督机制,以保障节能自愿协议的有效实施。
[Abstract]:With China's economic development into the new normal, efficient and reasonable energy conservation has become the key to the sustainable development of energy. It is particularly important to strengthen the institutional innovation in the field of energy conservation and improve the relevant legal system. Today, with the increasingly severe situation of energy conservation, the voluntary agreement on energy conservation, as a new and emerging system which has been proved effective by the practice of foreign developed countries and regions, is a government and enterprise under the concept of "mutual benefit and mutual benefit" and "consultation and cooperation". A new mechanism for energy conservation carried out by the public in full cooperation. At present, the practice of voluntary agreement on energy conservation in China is still in its infancy. In order to make up for the shortage of market-oriented energy-saving legal system in China, we should strengthen the legal research on voluntary agreement on energy-saving as a new energy-saving mechanism from the perspective of law. So as to provide important theoretical support and legal guarantee for the smooth development of energy-saving voluntary agreement in China. The voluntary agreement for energy conservation is an important product in the form of environmental administrative contract for reference in the management of energy conservation, but it has not only the basic characteristics of administration and agreement, but also the voluntary nature that the general administrative contract does not possess. There are many differences in system design due to its special characteristics such as flexibility and multi-participation. Therefore, how to combine the special rules of the new system, how to construct the legal system of energy-saving voluntary agreement in line with the national conditions of our country, has become an important issue to be discussed. On the one hand, based on the experience of foreign advanced system, this paper systematically studies the relevant legal issues of voluntary agreement on energy conservation from the aspects of theory and practice, and tries to set up the rights and obligations from its basic principles. Starting with the basic contents such as change and release, the paper designs the basic legal system framework of the voluntary agreement on energy conservation in accordance with the actual situation of our country. On the other hand, according to the system particularity of energy-saving voluntary agreement, this paper puts forward the special institutional arrangement of energy-saving voluntary agreement. The voluntary agreement on energy conservation as a new mechanism to encourage the promotion of energy conservation, and then rose to the legal level, the setting of incentive mechanism should be the core of rights and obligations; As an energy-saving measure based on voluntary market mechanism, the double roles of the government as the subject of the agreement and the supervisor have the risk of weak supervision. Therefore, a reasonable supervision mechanism for public participation should be set up to ensure the effective implementation of the voluntary agreement on energy conservation.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.67

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