CCSN: China to strengthen legal protection for energy transition

Adhere to scientific legislation, strict law enforcement, and fair justice, give full play to the role of the rule of law in consolidating the foundation, stabilizing expectations, and benefiting the long-term, and improve the level of legalization of energy governance.

Improve the legal system. China has established a legal system for energy transformation based on the Energy Conservation Law and the Renewable Energy Law, and with the Clean Production Promotion Law, the Circular Economy Promotion Law, and the Interim Regulations on Carbon Emission Trading Management as important supports. Promote the compilation of the Ecological Environment Code, accelerate the formulation of the Energy Law, revise the Renewable Energy Law and the Electricity Law, further improve the legal system to promote green production and consumption, and strengthen incentive and constraint systems such as energy conservation, improving non-fossil energy development goals, giving priority to the use of renewable energy, and promoting green energy consumption.

Improve the level of administration according to law. Deepen the construction of a law-based government, and integrate the rule of law into the entire process of formulation, implementation, supervision and management of energy strategies, plans, policies, and standards. In the energy field, comprehensively implement the administrative law enforcement publicity system, the full process recording system, and the legal review system for major law enforcement decisions, improve the administrative discretion benchmark system, and strictly regulate fair and civilized law enforcement. Deepen the reform of the administrative reconsideration system, optimize the administrative reconsideration acceptance procedures, evidence rules, and trial models, and protect the legitimate rights and interests of enterprises and the people in energy production and consumption activities in accordance with the law. Carry out in-depth publicity and education on energy law, fully implement the "whoever enforces the law shall popularize the law" legal education responsibility system, and promote the whole society to consciously fulfill the obligation of green consumption.

Strengthen judicial services for energy. Comprehensively improve judicial service measures for high-quality energy development, and promote the realization of carbon peak and carbon neutrality goals through fair justice. The Supreme People's Court has established an environmental and resources tribunal. There are 2,800 specialized environmental and resource trial institutions and organizations across the country, which specialize in hearing cases related to the construction of ecological civilization rule of law. Issue relevant judicial interpretations and guiding opinions to clarify the application of law and the guidance of judgment rules in the courts in hearing cases related to energy transformation.

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Posted by: Zhang Jianlong

Reviewed and translated by: Kailon Chung