偏差结算在城市燃气供用气合同中合法性分析

Analysis of Legitimacy of Deviation Settlement in Urban Gas SupplyContracts

依据《反垄断法》和《价格法》等相关法律的规定,结合偏差结算的形成原因及计价方式,从《反垄断法》视角、《价格法》视角分析偏差结算的合法性。偏差结算条款在城市燃气企业与下游用户供用气合同实际运用中具有合法性。提出鉴于城市燃气企业的垄断经营地位,偏差结算应当在适用对象、违约责任、适用条件上进行必要的限制。

In accordance with the provisions of pertinent laws,such as the Anti-Monopoly Law and the Price Law,combined with the causes of deviation settlement and the pricing method,the legitimacy of deviation settlement is analyzed from the perspective of the Anti-Monopoly Law and the Price Law.The deviation settlement provisions have legitimacy in the actual application of the gas supply contract between the urban gas enterprise and the downstream user.However,considering the monopolistic position of urban gas enterprises,it is imperative that deviation settlement be subjected to rigorous constraints concerning its applicationobjects,liability for breach of contract,and the conditions under which it is applied.