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拥有较为完备的能源立法是促进可持续发展与保障国家能源安全的重要制度基础。虽然就法律表现形式而言,我国的能源立法已初具规模,但就其内在逻辑关联与制度构建而言,仍有诸多问题有待厘清,因此制定一部统领整个能源法域的基本法已迫在眉睫。我国能源法应当在“通则式”、“政策式”和“法典式”为代表的三种国外能源基本法的立法模式中做出选择并应建立起包括能源规划、管理体制、市场监管、科技创新等制度在内的核心制度群落。
Having a relatively complete energy legislation is an important institutional foundation for promoting sustainable development and safeguarding national energy security. Although China’s energy legislation has begun to take shape as far as its legal form is concerned, there are still many problems to be solved in terms of its inherent logical relations and institutional building. Therefore, it is imperative to draw up a basic law that will govern the entire energy law. China’s energy law should make its choice among the legislative modes of the three foreign energy basic laws represented by “General Rules ”, “Policy ” and “Code of Practice ” and should establish a system that includes energy planning and management system , Market regulation, technological innovation and other systems, including the core system of community.