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虽然《能源法》(征求意见稿)在理念和制度上的一系列创新进一步推动了我国能源立法,但其本身仍存在内容不够充实、政策性立法倾向严重、协调性不足等问题。我国能源立法已积弊多年,能源基本法的制定也很难从根本上改变目前能源法律的立法空白、重叠、冲突和衔接不到位的状况。诸多现实需求决定了在能源立法中不仅要充实能源基本法内容,也要对能源单行法及相关法进行整合与协调。在这方面,统一的能源法典无疑兼具能源统筹与法律整合优势,是实现能源立法目标的一种有效途径和值得尝试的方法。
Although the energy law (draft) has a number of innovations in philosophy and system that further promote energy legislation in our country, there are still some problems such as insufficient content, serious policy legislative tendency and insufficient coordination. China’s energy legislation has accumulated for many years, the formulation of the basic law of energy is also very difficult to fundamentally change the energy law blank, overlap, conflict and convergence is not in place. Many realistic demands determine that energy legislation should not only enrich the content of the basic law of energy, but also integrate and coordinate the energy law and related laws. In this regard, a unified energy code will undoubtedly combine the advantages of energy co-ordination and legal integration. It is an effective way and a worthwhile attempt to achieve the goal of energy legislation.