“双碳”目标下能源法律的低碳化塑造

Low-carbon shaping of energy laws under the“dual carbon”goal

当前“双碳”目标下的能源低碳发展需要化石能源与可再生能源协同发力。与之相对应,能源法律的低碳化塑造要实现保障高碳化石能源平稳供应与促进可再生能源高质量发展的双重目标。立足上述关键内容,通过梳理中国能源法律体系建设现状提出现行能源法律体系因应“双碳”目标的结构障碍与功能缺陷,进而以体系重构和制度优化为进路,将“双碳”目标嵌入能源法律体系并落实在制度规范中。能源法律体系建设形成以能源基本法为核心,包容能源相关法的内外部协同体系结构;能源法律制度完善形成化石能源约束与可再生能源促进协调并进的局面。

Low-carbon energy development required synergy between fossil and renewable energy under the“dual carbon”goal was proposed.Correspondingly,the decarbonization of energy laws should be shaped to achieve the dual objectives of ensuring a smooth supply of high-carbon fossil energy and promoting the high-quality development of renewable energy.Based on the above key elements,the current situation of China's energy legal system construction was summarized.Then,the structural obstacles and functional deficiencies of China's current energy legal system in response to the“dual carbon”goal were identified.With the approach of system reconstruction and institutional optimization,the“dual carbon”goal was embedded in the energy legal system and implemented in the institutional norms.The construction of the energy legal system has formed a synergistic internal and external structure with the basic law on energy as the core and the inclusion of energy-related laws;and the improvement of the energy legal institutions has formed a situation in which the constraints on fossil energy and the promotion of renewable energy resources were harmonized and progressed in parallel.