能耗双控转向碳排放双控的法制进路及法典因应OA

The shift from control of total energy consumption and intensity(dual energy control)to control of the amount and intensity of carbon emissions(dual carbon control)represents a pivotal institutional framework aimed at accelerating China's ecological civiliza-tion construction,promoting the achievement of the country's goals of reaching peak carbon emissions and carbon neutrality,and realiz-ing green and low-carbon transformation.As China accelerates the planning and construction of a new energy system with an annually increasing proportion of renewable energy,the traditional dual energy control mechanism—while curbing fossil fuel consumption—has also constrained renewable energy development due to its indiscriminate limitations on all energy categories.Therefore,achieving a steady and orderly energy transition requires a profound understanding of the legal logic underlying coordinated energy-carbon gover-nance.With the promulgation of the Energy Law of the People's Republic of China and the completion of the second deliberation of the Ecological and Environmental Code of the People's Republic of China(Draft),both legal documents explicitly propose"establishing a new mechanism for the comprehensive transition from control of total energy consumption and intensity to control of the amount and in-tensity of carbon emissions."However,the fragmented"dual control"regulatory framework now calls for legalization of policies through legislation,revisions,abolition,and interpretation,with the alignment of legal rules and the integration of the legal system being key to resolving these systemic challenges.Dual energy control and dual carbon control are intrinsically connected,serving as successive strat-egies in China's efforts to promote energy transition and address climate change,with the former laying a crucial institutional foundation for the implementation of the latter.First,at the level of institutional supply,it is necessary to uphold the principle of steady progress to overcome the institutional inertia associated with dual energy control;adopt the approach of target decomposition to transcend the hier-archical inter-governmental relationships;and uphold the mindset of conceptual upgrading to fully leverage the leading role of the mar-ket.Second,in the scenario of rule alignment,legal rules incompatible with dual carbon control must be phased out,while concurrently establishing the foundational infrastructure for carbon emission statistical accounting.This will facilitate the integration of a coordinated regulatory structure involving a capable government and an efficient market.Finally,the opportunity presented by the compilation of the Ecological and Environmental Code should be seized.By combining the structure of the"Green and Low-carbon Development"section,integrating the"dual carbon"legislative framework,embedding the fundamental principles of"dual control,"and constructing a"three-tier"legislative structure,the transition of dual carbon control from policy discourse to legal discourse can be realized.