Outline the principle of legislation
The "Electricity Law of the People's Republic of China" outlines the "Electricity Law of the People's Republic of China" (hereinafter referred to as the "Electricity Law"). It was adopted by the Chinese People's Congress at the 17th meeting of the Standing Committee of the Eighth National People's Congress on December 28, 1995. The President of the Republic, Jiang Zemin, signed an order on the same day and announced it, and it will be implemented on April 1, 1996. The Electricity Law is based on the experience of power construction, power generation, power supply, power use, power protection and power management since the reform and opening up. According to the objective requirements of the socialist market economy, the foreign power legislation is appropriately absorbed. Useful experience developed. The main features of the Electricity Law are:
First, the Electricity Law is one of the few industrial laws in China. Developing energy is one of the basic industries in China. Electricity is an important secondary energy source. Since the reform and opening up, power and energy have developed rapidly. The nation's power installed capacity and annual power generation are among the highest in the world. These are the results of China's development and implementation of energy industry policies, administrative regulations and regulations. Despite this, the development of electricity still cannot meet the requirements of economic development. In order to solve the outstanding contradiction of power supply shortage and the basic balanced development of electricity and economy, the national legislature has made a careful investigation, especially on the basis of summing up experience in fund-raising, electricity production and supply since the reform and opening up. The Electricity Law. The Electricity Law fixes the basic industrial policy of China's development of the energy industry in the form of law. It meets the reality of the power industry and meets the needs of power development. The first article of the "Electricity Law" clearly states: "In order to protect and promote the development of the electric power industry, safeguard the legitimate rights and interests of electric power investors, operators and users, and ensure the safe operation of electric power, this Law is enacted." The development of the cause is its most basic purpose and purpose. As long as the "Electricity Law" is implemented conscientiously, and the electricity and power supply are handled according to law, the most basic purpose and purpose of the "Electricity Law" will certainly be realized.
Second, the Electricity Law is a comprehensive law. It includes a large number of administrative law norms and civil law norms, as well as provisions for criminal liability in accordance with the relevant provisions of the criminal law. The administrative law regulations mainly stipulate that the power management department of the State Council is responsible for the supervision and management of the national electric power industry. The relevant departments of the State Council are responsible for the supervision and management of the electric power industry within their respective functions and responsibilities; the competent economic departments of the local people's governments at or above the county level are within the administrative region. The power management department is responsible for the supervision and management of the electric power industry. The relevant departments of the local people's governments at or above the county level are responsible for the supervision and management of the electric power industry within their respective functions and duties; the relevant state administrative agencies are responsible for the management and approval of the electricity price, and for violation of the Electricity Law. "The administrative punishment of the act." These administrative law norms are the macro-control, supervision, management, support and protection of the electric power industry as a public utility. The Electricity Law also stipulates the civil legal norms that regulate the legal relationship between the equal subjects. For example, the second chapter, the third chapter, the fourth chapter and the ninth chapter of the Electricity Law stipulate the contractual relationship and the civil liability for violating the electric power law. Although the Electricity Law does not directly stipulate the content of the criminal law, it stipulates that if it violates the Electricity Law and constitutes a crime, it may be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. It can be seen that the Electricity Law covers many legal issues and covers a wide range.
Third, the Electricity Law is a law that pushes power investment, power construction, power development, and power supply to the socialist market economy. It regulates the relationship between power investors, operators and users according to the requirements of the market economy. The publication and implementation of this law will mobilize the enthusiasm of power investors and operators, safeguard the legitimate rights and interests of them and power users, and provide legal protection for the development of the power industry.
The basic content of the General Principles of the Electricity Law. The first chapter of the Electricity Law has nine provisions. The basic content is the basic code of conduct and principles that are applicable to the various provisions of the Electricity Law. The General Provisions clearly stipulates the legislative purpose and purpose of the Electricity Law. It can also be said that it is the legislative principle of the Electricity Law, that is, the principle of safeguarding and promoting the development of the electric power industry, and safeguarding the legitimate rights and interests of electric power investors, operators and users. Principles and principles for ensuring safe operation of electricity. These three principles are the starting point and destination of the legislation of the Electricity Law, which runs through the entire content of the Electricity Law. It also stipulates the applicable principles of the Electricity Law (Article 2). The electric power industry should adapt to the needs of national economic and social development and appropriately advance the principle of development and the principle of encouraging and guiding domestic and foreign economic organizations and individuals to invest in the development of power sources. Who invests? The principle of who benefits, (Article 3) Principles for the State to protect power facilities, (Article 4) Principles of Environmental Protection, (Article 5) The State implements the principle of supervision and management of the electric power industry, (Articles 6 and 7) the principle of state support, <Article 8) and the principle of scientific and technological progress (Article 9).
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