新能源与可再生能源发展基金的性质与制度设计

Research on Special Fund System for the Development of New Energy and Recyclable Resources

为保持经济与社会的可持续发展、调整能源消费结构,大力发展新能源与可再生能源被确定为中国重大战略选择。新能源与可再生能源发展专项基金具有政府公益性基金的法律属性。中国应当根据其法律属性,本着"以人为本、平衡协调和社会责任本位"的人文理念,尽快建立新能源与可再生能源发展基金制度,并从基金的管理机构设置、渠道来源、分配、公示、监管等实体及程序方面出台相关的规范性文件,为促进新能源与可再生能源发展提供法律保障。

For the purposes of maintaining the sustainable development of economy and society as well as reforming the oId structure of energy consumption, concentrating on the development of new energy and recyclable resources has been decid- ed as a major strategic choice of China. The laws relating this special fund system belong both to economic laws and to civil laws, and have already functioned as an effective public finance instrumentality in many countries. Therefore, China should, as soon as possible, compile and put into implementation related regulations to better the special fund system from the follow- ing aspects, namely, the establishment of authority agency, resources, allocation, publicity and supervision. Meanwhile, the compiling and carrying out of these regulations should be made on the consideration of the legal nature as well as the humanism ideas of ＂people - oriented,balance and coordination and standard of social responsibility ＂. The enforcement of these regula- tions will promote the advance of the use of new energy and recyclable resources by proving legal protection to it.