国外煤层气产业发展法治环境考察及其对我国的启示

    The investigation on legal environment of foreign coal-bed methane industry development and its enlightenment to China

    • 摘要: 我国煤层气储量极为丰富,产业化发展水平却较低,这与产业发展的法治环境有直接关系。产业法治环境主要包括立法法治环境、金融法治环境、财政法治环境、市场管理法治环境。本文对美国、加拿大、澳大利亚、德国发达国家煤层气产业法治环境考察之后,发现上述国家煤层气产业法治环境具有立法完备、投融资渠道畅通、财税支持积极、市场化运作成熟的特点。我国煤层气产业需要汲取域外国家经验,填补产业立法空白、提升立法层级;建立奖励(或补贴)机制、搭建多元化投融资平台;简化财税优惠实施程序、提升政策激励度;打破管道垄断、鼓励市场竞争、气价实行市场调节,从立法、金融、财税、市场管理多角度完善产业法治环境。

       

      Abstract: In China, the coal-bed methane reserves is extremely rich, but its industrialization development level is low. This is directly related to the legal environment of industrial development. The legal environments of industry mainly include the following legal environments covering legislation, investment and financing, finance, market management. The paper, based on the investigation on the legal environments of CBM industry of the developed countries including the United States, Canada, Australia and Germany, finds that the legal environments of CBM industry in these countries have the following characteristics: complete legislation, investment and financing with unhindered accesses, active support of finance and taxation and mature market operations. Chinese CBM industry needs to learn from the experiences of countries outside the region:to fill the gaps in legislation and improve the legislation hierarchy; to set up reward(or subsidy) systems and build diversified investment and financing platforms; to simplify the implementation procedure of tax privilege and elevate the degree of policy incentives; to break the pipeline monopoly and encourage market competition and to regulate gas price by the market, and then improve the legal environment of our country's CBM industry from different perspectives of legislation, banking, finance, market.

       

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