中国石油大学学报（社会科学版）2026，Vol.42Issue(3)：60-72,13.DOI:10.13216/j.cnki.upcjess.2026.03.0007
《生态环境法典》中能源转型规则的体系解释与适用进路
Systematic Interpretation and Approaches to Application of Energy Transformation Regulations in the Ecological and Environmental Code
摘要
Abstract
The Ecological and Environmental Code establishes a dedicated volume for green and low-carbon development,with a spe-cial chapter on the green and low-carbon transformation of energy serving as its normative core.Together with relevant provisions in the General Principles and other volumes,these rules constitute the internal normative foundation for energy transformation within the Code.The aforesaid rules primarily consist of principled clauses and basic institutional clauses,establishing five fundamental principles of resource conservation and environmental protection,responsibility of relevant subjects,green and low-carbon energy development,energy transition and transformation,and stringent accountability.To convert these principle into concrete institutional rules,the Code not only focuses on the construction of differentiated systems for the development and utilization of three major categories of energy,in-cluding the rational exploitation and orderly substitution of fossil fuels,the vigorous development and increased consumption proportion of non-fossil fuels,and the prioritized deployment of renewable energy together with supporting infrastructure;but also establishes,on the supply side,mechanisms for the phase-out of outdated energy technologies,energy technological innovation and international coop-eration,and,on the demand side,a differentiated energy pricing system.Through this dual governance approach targeting both energy supply and consumption,the Code seeks to promote energy transformation comprehensively.Furthermore,to ensure sound application of the legal and regulatory framework for energy transformation,a dual approach should be adopted,consisting of internal guidance within the Code and functional supplementation by external legal norms.On the one hand,the provisions of the Code should serve as the primary guidance in the following three aspects:firstly,upholding core values of ecological priority,fairness and justice,security and efficiency;secondly,clarifying the rights,obligations and liabilities of subjects involved in energy supply,consumption and regu-lation;thirdly,concentrating regulatory efforts on the development and utilization of three major categories of energy sources.Thus its internal provisions can provide coordination mechanisms and bottom-line safeguards for the broader energy transformation regulatory framework.On the other hand,external legal norms should function as complementary instruments to formulate an extra-Code normative framework for energy transformation,which is centered on the Energy Law,supplemented by sector-specific legislation,constrained in practice by administrative regulations,departmental rules and normative documents and supported by local regulations,local govern-ment rules,autonomous regulations and separate regulations as the basis for regionally differentiated and dynamic adaptation.关键词
《生态环境法典》/能源转型/能源规范Key words
the Ecological and Environmental Code/energy transformation/energy regulations分类
社会科学引用本文复制引用
王江,李姝谚..《生态环境法典》中能源转型规则的体系解释与适用进路[J].中国石油大学学报（社会科学版）,2026,42(3):60-72,13.基金项目
中国法学会研究阐释党的二十届四中全会和中央全面依法治国工作会议精神专项课题(CLS(2026)ZX037) （CLS(2026）
