21世纪海上丝绸之路战略下中国能源安全保障法律机制论纲

Abstract:The core content of the construction of the 21st-Century Maritime Silk Road is promoting the energy cooperation with the countries along the route. It is also the realistic need to guarantee the energy security of our country，which needs perfect legal system. From the legal value of energy security，there exist some problems in the current energy law system in China，such as the lack of energy basic law，the single line legal norms of energy are too principled，the responsibilities of relevant main body are unknown，the lack of environmental protection clauses and other issues. In view of the existing foreign legal mechanism of energy cooperation，the international treaty and energy cooperation agreement which regulate the energy cooperation exist poor coordination of the established energy cooperation mechanisms，mostly for intergovernmental dialogue but fail to shape a solid long-term legal mechanism，the lack of specialized legal mechanisms of energy cooperation and other defects. In order to deal with the shortcomings of the existing legal mechanism of energy security，it should be corrected respectively，including the formulation of energy basic law，to strengthen the operability of legal norms，to clarify the distribution of powers of relevant management departments to reduce the the absence and dislocation in authority execution，and the integration of the energy law and environmental protection system and other aspects to improve the domestic energy law system，as well as exploring the basic agreement of energy cooperation，the establishment of enforcement agencies of the legal system of energy cooperation to build a sound specific legal system of energy cooperation and other to improve the legal system of foreign energy.

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