政府能源储备的公法初探

能源供给和能源安全已成为人类社会和全球发展的重要话题。中国近年来着手实行的政府能源储备却徘徊在法治边缘,尤其欠缺公法规制。从公法功能主义视角解读政府能源储备行为,应理性地确立包括人大监督、程序正义、监管体制完善、立法过程监督和市场经济保障等一体的公法制度,从而最大程度地实现和维护公共利益。

Research On Government Energy Reserve: from a Public Law View

Energy supply and energy safety have been regarded as important themes in global development. China began to establish its government energy reserve system in recent years, which has long been controlled by policies, and especially lacks regulation by public law. Functionalism theory provides new methods to analyze government energy reserve. That is to make government energy reserve supervised by a set of public law systems, including parliament supervision, due process, and regulating system perfection, hence to enlarge the public interests as good as possible.