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My views on the revised "electric power law" and the necessary laws and regulations and recommendations

Author: LiQiDao From: www.yourpaper.net Posted: 2009-03-31 13:38:44 Read:
[Abstract] the "power law" is the 1985 Congress delivered draft, 1995 promulgated by President Jiang Zemin sixtieth orders, which took effect in April 1, 1996, ten years grinding sword, is the milepost of electric power industry in our country history of legal construction, marking the power of legal construction has entered a new historical stage."Electric power law" summarized our country for decades, especially since the reform and opening up, the central and local two enthusiasm for the development of the electric power industry successful experience, and the successful experience of rise to the law, and with reference to the construction experience of power law abroad, reflects the achievements in the reform, the reform direction, is a line with China electric power law.
One, the current "power law" promulgated understanding
1 of the "power law" is the 1985 Congress delivered draft, 1995 promulgated by President Jiang Zemin sixtieth orders, which took effect in April 1, 1996, ten years grinding sword, is the milepost of electric power industry of our country legal system history, symbolizes the power of legal system construction has entered a new historical stage."Electric power law" summarized our country for decades, especially since the reform and opening up, the central and local two enthusiasm for the development of the electric power industry successful experience, and the successful experience of rise to the law, and with reference to the construction experience of power law abroad, reflects the achievements in the reform, the reform direction, is a line with China electric power law.
legislative process of 2 "power law" insisted: liberate and develop social productive forces, the principle of seek truth from facts; the principle of unity of the legal system; principle; the major effective policies based on the principles of the embodiment of national interests;, reflect the will of the people and widely absorb the views the democratic legislation principle.
3 of the "power law" provisions of itself to the following principles:
(1) appropriate excessive development (third 1), pay attention to the development of hydropower (fifth of the 2 paragraph of article forty-eighth, paragraph 1), protect the legitimate rights and interests of the investors (third 1, 2, Twelfth 2, thirteenth 1)
the principle;
(2) separating, competent and in charge of management system (sixth)
the principle;
(3) to distant places, small hydropower, rural electrification support, preferential, pay attention to "three rural issues" (eighth, forty-seventh, forty-ninth, 1, 2, fiftieth, 1, sixty-seventh) principle.
(4) establish business area of power supply is relatively stable, prevent vicious competition, competing for the district (twenty-fifth)
the principle;
(5) advocated the grid-connected and correctly handle the relationship between (the 22 grid 1, 3, thirty-eighth, thirty-ninth) principle.
(6) the price is reasonable formulation and classification management (article thirty-sixth, thirty-eighth paragraph 3) principle.
(7) independent enterprises (seventh) principle.
(8) encourage, support for renewable, clean energy development (fifth 2) principle.
(9) the use of advanced technology and management methods (ninth) the principle.
(10) to guarantee the safe operation of electric power, power quality, reliable power supply and electric industry self-discipline (the legislative purpose of article eighteenth, article nineteenth, paragraph 1, twenty-fourth, twenty-eighth 1, twenty-ninth 1, fifty-ninth, sixtieth 1) principle.
4 of the "power law" article itself embodies the following important spiritual:
(1) by the central and local, to mobilize all forces, take various effective measures, implement several do report, allowing the electric power projects invested by foreign businessmen, protecting the investors, operators, users' legitimate rights and interests, to speed up the development of electric power industry;

(2) to the separation of power management system, reform the traditional monopoly, establish the new system of socialist market economy, to protect and promote appropriate advance development of electric power industry, to ensure safe operation, to meet the needs of national economic and social development;

(3) to protect environment, the State encourages and supports the use of renewable energy and clean energy power generation, to achieve sustainable development;

(4) the help and support of minority nationalities, remote areas and poverty-stricken areas in the development of power industry;

(5) advocated the development of hydropower resources, development of small hydropower, promote rural electrification;

(6) a reasonable and division of supply area, a place where you can have multiple power supply business district, a supply area shall have only one supply agency, the establishment of the electricity market and improve the competition;

(7) adhere to scientific and technological progress, constantly improve the power level of productivity.
5 according to the historical materialism and dialectical materialism point of view, the current "power law" has important historical significance for promoting the reform of power industry development, also has the important practical significance; not adapt to economic and social development situation and the reform of power system requirements, should be revised, supplement, perfect; in general and basically speaking, should maintain the seriousness of the proper and necessary continuity.

two, "electric power law" promulgated 7 years major problems

6 because of the serious influence power monopoly system (including produced in the monopoly system based on the thinking habits and interests drive mechanism), implementation of the main problems existing in more than 7 years of the "power law", there is no earnest implementation conforms to the reform and opening up and the socialist market economy, in line with the national requirements the terms.


7 many places against the "power law" General Provisions Article 1 "maintenance of power investors, operators, users of the legitimate rights and interests", general third second "investment in the power industry a who investment, who gains" principle, general fifth second "the State encourages and supports the renewable and clean energy power generation chapter second", thirteenth "power investors on their investment in the form of power, legal rights and interests", forty-eighth "the State encourages the development of rural hydropower resources, construction, small hydropower station, promote rural electrification."Regulations, continue to build and expand the power monopoly, especially since the second half of 1998, the rural power grid renovation funds to coerce, forced escrow, zoned, dummy property holdings, ultra low-cost acquisition of rural hydropower grid, power plant, against the small hydropower, by farmers, local interests and other social rights and interests of investors, to fight rural social productivity development, influence of economic and social development in poverty-stricken areas, remote areas, ethnic minority areas.(see Appendix 1 for details.)
8 many places against the "regulatory power law" general principles article sixth the relevant departments of the State Council and the local people's government at or above the county level in charge of relevant departments of electric power industry within the limits of their respective duties in charge of electricity regulation, implementation of the "electricity, water apart", seriously weakened, or even cancel the Department of water administration in the scope of legal provisions of his duties on hydropower administration according to law and exercise industry management functions, resulting in violation of watershed planning and water power development planning, "water" the disorderly development of hydropower resources, the formation of the "four no" (no project, no design, no approval, no regulation) engineering, waste, destruction of resources direct threats, engineering quality, flood safety and people's life, property safety.(see Annex 2.)
three, to modify the "Electricity Law" views and suggestions
9 first should conscientiously implement the "power law", carry out the inspection of law enforcement, effectively correct the illegal acts.According to the "five co-ordination", "five persistence" and hard
To respect the people's pioneering spirit, give full play to the central and local two positive requirements, protect and mobilize the enthusiasm of the whole society to do report in accordance with the law, protect and mobilize the enthusiasm of large and medium-sized hydropower development of renewable clean energy and green energy, small hydropower, promote sustained, rapid and healthy development of the electric power industry.
10 in implementation of "electricity system reform program", the regional and provincial power grid enterprise asset definition principle has not yet been determined, the provincial Power Grid Corp has not yet been established, the regional electricity market operation is still in the pilot, main and auxiliary separation is not yet in place, the transmission and distribution separately far, power market system that is unified, open, multi-agent multi-level, multi area is far from being a.In order to promote the effective implementation of "electricity system reform program", to promote the state power, local power of reform and development, is to revise and improve the "power law" supporting regulations and timely introduction of new regulations, such as the "Electricity Regulatory Ordinance", "Regulations" of rural hydropower, in order to adapt to the development of socialist market economy requirements.
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