页岩气特许权的制度困境与完善进路

The Institutional Predicament and Improvement of Shale Gas Concession in China

页岩气开发已被纳入我国战略性新兴产业,但自然因素与制度缺陷共同导致了当前的页岩气勘探与开发的现实困境,并且制度缺陷加剧了自然因素的制约作用。我国页岩气特许权制度的缺陷构成了页岩气勘探开发的重要制度障碍,页岩气特许权制度实施存在诸多困境:设置页岩气特许权中的主体身份歧视、页岩气特许权制度对权利人行为全过程控制的疏忽以及对页岩气特许权人权利保障的阙如。欲推动我国页岩气产业的健康发展,必须首先重视与改造页岩气特许权的制度设计。

Shale gas has become Chinag strategic emerging industry, but its exploration and development has met with dilemma due to the natural factors and institutional defects, especially institutional defects which indulge and exacerbate natural thctors with their restrictive effects. Now it is recognized that defects in the concession system of shale gas have sub- stantially become the institutional obstacle to its industrial development. Moreover, there are many difficulties in the imple- mentation of shale gas concession, such as the discrimination of concessionaire identity in approving the shale gas concession, the ignorance of regulation on concessionaire behaviors, and the deficiency of legal protection on concessionaires. In order to improve the sustainable development of the shale gas, we shall pay more attention to the construction of the conces- sion system of shale gas.