能源正义视角下我国能源转型的法律规制路径

The Legal Regulation Path of China's Energy Transformation from the Perspective of Energy Justice

为保障“后巴黎时代”能源绿色转型的公正性,能源正义应该成为能源转型规制的应有意涵。在能源转型过程中,我国坚持了能源正义理念,在实践中也积极通过能源普遍服务和新能源扶贫来促进能源正义。在“双碳”目标背景下,由于能源初始禀赋不平等、能源观念落后以及能源制度缺陷,我国能源转型进程中的能源正义仍然面临高碳产业工人失业、民众用能权益减损、新能源资源开发的负外部性后果等方面的挑战。为了应对这些挑战,我国应坚持能源正义优先理念,建立健全能源法律体系,制定专门的《能源转型促进法》。该法应建立能源转型的民生保障机制、程序保障机制、正义恢复机制、绿色能源使用的激励机制、监督与责任机制,以促进能源转型过程中能源正义的实现。

Energy justice,as a principle of justice,pursues equity and justice in energy systems and energy transition systems.The green energy transition in response to the twin global crises of climate degradation and energy scarcity also has a heterogeneous impact on social justice in the pursuit of energy justice.Energy justice provides the basic concept for building an inclusive and just energy transition regulatory system.In order to guarantee the justice of energy green transition in the post-Paris era,energy justice should become the due connotation of energy transition regulation.China has adhered to the concept of energy justice and actively promotes energy justice in practice through universal energy services and new energy poverty alleviation.Under the“3060”dual-carbon target,China's green energy transition is continuing to advance in further depth.However,due to unequal initial energy endowments,outdated energy concepts,and energy regulatory deficiencies,China's energy transition still faces challenges in energy justice,including unemployment of workers in high-carbon industries,erosion of people's rights and interests in energy use,and negative externalities of new energy resource development.In order to meet these challenges,firstly,China's energy green transition should adhere to the concept of energy justice as a priority,which should not only emphasize the promotion rate of energy green transition,but also pay more attention to the equity of energy green transition,and fully consider the impact of initial endowment on the transition ability of disadvantaged groups and disadvantaged regions;Secondly,in the green transformation of energy,the ability of China's existing energy law and regulation system to guarantee energy justice should be enhanced through the formulation and improvement of the basic energy law and related individual laws,as well as the optimization of the relevant energy regulatory organization system;Finally,based on the existing institutional and practical experiences,a special Energy Transition Promotion Law should be formulated.In the Energy Transition Promotion Act,a livelihood protection mechanism,a procedural protection mechanism,a justice restoration mechanism,an incentive mechanism for green energy usage,and a supervision and responsibility mechanism for energy transition should be established to provide special institutional guarantee for the realization and promotion of energy justice in the process of energy transition.