中国人口·资源与环境2016，Vol.26Issue(12)：125-132,8.DOI:10.3969/j.issn.1002-2104.2016.12.017
中国农村能源正义的法律实现
The legal realization of China's rural energy justice
摘要
Abstract
In order to figure out the status quo of China's energy justice to support the formulating of Energy Law, this paper chooses China's rural energy justice as the research target, adopts normative analysis, describes the status quo in the reality and the law of China's rural energy justice, and points out the way and the key to realize China's rural energy justice.This paper deems that the rural energy justice is that all the energy owners, suppliers, and consumers should be treated fairly and substantial participate in the energy's exploration, exploitation, conversion, storage, transportation, supply, and services and so on, no matter their famer's identity, rural and agricultural facts.The status quo of rural energy injustice in the reality is that the rural energy does not fully reflect energy's multi-dimensional values such as natural, economic, safe and ecological;while in the law is that the current energy legislation does not express the rural energy systemically in the distributive, procedural, corrective and social justice.This paper reminds the logical starting point of the path for the realization of China's energy justice is to safeguard farmer's energy right, namely, citizen's energy right should be stipulated in the law, as well as the concentrated expression of Energy Law and the disperse expression of the relevant legal departments should be combined.This paper suggests that the point of the legal realization for China's rural energy justice is the scientific making Energy Law.Firstly, to clear its core status and properly handle its relationship with Agricultural Law;secondly, to iterate the purpose of the legislation, to stipulate of citizen's energy right and to improve the universal service provision in the general provisions;finally, to set Rural Energy as an independent chapter in the specific provisions, and to perfect the existing Energy Law (Draft) in the arenas of principle, planning, protection, ecologicalizaiton, public participation, empowerment, legal remedy, and legal responsibility.关键词
农村/能源正义/《能源法》Key words
rural/energy justice/Energy Law分类
社会科学引用本文复制引用
张忠民,熊晓青..中国农村能源正义的法律实现[J].中国人口·资源与环境,2016,26(12):125-132,8.基金项目
国家社会科学基金青年项目"生态文明与能源法创新研究"(批准号:13CFX100). （批准号:13CFX100）
