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On energy management contract by Law

Author: XinZuoRong
Tutor: YangZhongXiao
School: East China University of Political Science
Course: Legal
Keywords: Energy contract management Legalization Path
CLC: F206
Type: Master's thesis
Year: 2010
Downloads: 406
Quote: 2
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Abstract


In recent years, global extreme climate arises much more frequently than ever.Severe weather conditions,such as violent typhoon,dust storm,high temperature, extreme drought and precipitation,often emerge with serious damages. The main cause of these phenomena lies in the global warming caused by excessive consumption of carbon-based fuels.Extreme weather is just a refraction of energy consumption problems.Main methods to avoid extreme climate still rely on humans by reducing energy consumption effectively to improve the environment which is now deteriorating.Along with the development of productivity, energy consumption soars as well.Therefore, saving energy to obtain a sustainable economic and social development has already become an international trend. As a manufacturing and energy consumption power,China is reducing carbon emissions with positive, responsible and active attitude.Energy conservation and emission reduction have been identified as a basic state policy.We are also taking great efforts to improve the efficiency of energy utilization for a resource-conserving society. As energy conservation involves broad aspects,high technical complex,and mostly large investment projects which often cannot take effect in a short period of time, it’s not enough for a state to promote energy conservation efforts on its own strength. Therefore,actively cultivating the energy-saving service market and fully mobilizing various aspects of the market are necessary to promote energy saving policy. Energy contract management is just one way to mobilize the market forces in the service mode of energy saving.Energy contract management,which is an emerging market energy-saving mechanism, refers to energy conservation service companys’engaging with energy-using units by energy management contract, which is to provide users with services such as energy-saving diagnostics, financing and transformation etc,and recover its investment and gain reasonable profits by the mode of sharing the energy-saving benefits. That should ba an effective way to greatly reduce funds and technical risks for energy-using units and fully mobilize the enthusiasm of enterprises in energy transformation.The essence of energy contract management is a method for energy-using units to compensate the investment and profits of energy conservation service institutions by a proportional amount of profis in reduction of energy waste. energy-using units.Its main characteristic is reducing risks and costs for energy-using units to enjoy the benefits after the faster reduction of energy consumption.If the market mechanism of Energy contract management can be made full use of,it may reach very significant energy-saving effects eventually.Nowadays, our government has applied preferential taxation policies and subsidies,which has achieved good effect already,to promote the development of energy contract management.Nevertheless, to ensure the effect of preferential policies, legalization construction support is urgently needed.The dissertation is based on cross and exploratory research methodology,and literature and theory application research as well,to discuss the necessity and basic path of legal construction for energy management.The article consists of four chapters.The first chapter discussed the basic connotation and characteristics of energy contract management, and analyze relationships among the management.The second chapter analyzed the nature of energy contract management,which is considered to be civil and non-typical contracts. Considering the typicality and applicability of energy contract management,it is highly recommended to promote the progress of its typicality actively.The third chapter specify the development path of China’s energy contract management.In combination with the particularity of energy management in China,the paper puts forward the legalization path is:Firstly,it should be promoted from a strategic view of the legalization construction. Secondly,we should adhere to three principles: the principle of promoting, encouraging,guiding, the principle of Open, neutral,and the principle of Coordination as well.Last but not the least,to improve the institutional construction,such as market access management,credit guarantee system, settlementmechanism of energy-saving benefit,incentive mechanism,leagal supervision mechanism, to implement the legalization construction for energy management.The fourth chapter discussed two key factors of the legalization construction for energy management.One is to establish the legal status of management institution.The other is to establish a standard legal system as for technology,etc.The final conclusion is: under the modern socialist market economy condition,the government may play a very important role by taking active industrial, environmental, financial policies and preferential tax methods. However, the practice shows that energy contract management cannot be promoted rapidly only by tax preferential policies and subsidies, etc.The premise for the marketing service mode of energy contract management to be successful is to ensure that all sectors involved may fulfill their own interest.If not, their initiative cannot be fully mobilized.And therefore,it is impossible to attract more capital investment into the field of energy contract management,nor the development of technology improvement, mechanism optimization can be realized.As a result,the premise of energy contract management is to ensure the construction of institutional environment. At present, the status of law construction has backwarded the need of the rapid development for energy contract management.Promotion of legislation is more and more imminent.

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CLC: > Economic > Economic planning and management > Management of National Economy > Energy Management
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