现行体制下电力行政执法难题解析

Analysis on the Problems of Administrative Execution under Present Electric Power Administration System

随着我国电力体制改革的不断深化,电力行政执法成为当今一道难以破解的难题,为社会和电力企业带来诸多严重问题。其成因主要是:电力立法滞后于改革使得电力行政执法主体事实上缺位、受制于上位法致使地方电力立法难以突破、电力行政执法的基础——执法队伍及其执行力的不足。因此,电力行政执法需从立法层面予以突破,从中央层面明确电力行政执法主体;在立法一时难以突破的情况下,需要在实践中探索有效模式推动电力行政执法。

With the continual deepening of the power system reform of the recent years, administrative execution in connection with the power industry has come to be a difficult problem, which brings about a lot of serious drawbacks to the society and power companies. The main reasons for this are proposed as following： legislation regarding the power industry is lagging behind reform, which results in the actual absence of the administrative execution body; provincial legislation related to electric power is facing a deadlock because of the restrictions of our legal system; the enforcement staff and their executive capacity, which are the foundation for administrative execution, are inadequate. Therefore, breakthrough in power-related administrative execution is called for in the aspect of legislation, and the power-related administrative execution body should be clearly defined by the central authorities. In the circumstances where breakthrough cannot be achieved for the time being, effective patterns have to be explored in practice to promote power-related administrative execution.