进一步加强我国能源立法的思考

Pondering on further strengthening our country's energy legislation

20世纪80年代,我国能源立法开始起步,到目前已经初步形成了能源法律体系,但该体系主要由单行法、行政法规和地方性法规构成,缺乏基本法。几年前,我国已经着手能源基本法的立法工作,目前能源法征求意见稿已经出台并予以公布,处于征求意见中。该举动是我国能源立法过程中的一大成果,但就目前我国能源立法整体状况而言,还存在很多亟待解决的问题。不但需要基本法的出台,还需要对某些现行单行法进行修改,对某些能源活动领域进行立法,立法还需要考虑国外同类情况下的经验,注意可操作性。

China＇ s energy legislation has started in 1980s. and there is an energy legal system basically at present. However, the system that is mainly made up of special regulations, administrative laws and local regulations lacks basic law. Fortunately, the legislation of energy basic law began several years ago, and the asking for suggestions draft has have come into being and be announced. It is a big achievement of China＇s energy legislation without any doubt, on the other hand, there are so many problems to resolve considering China＇s present whole energy legislation situation. So it is necessary to make energy basic law born and to amend some active special regulations and to legislate in some energy exploiting fields, to learn constructive experiences in the same situation from other countries, and to stress laws easy to be manipulated.