Different of legal structure from the perspective of domain legislation: an analysis of the commonalities and differences between the Mineral Resources Law and the Energy Law

With the rise of domain legislation in key or emerging fields, the shortcomings of traditional sector legislation in the era of “decodification” are inevitable. When traditional sector legislation addresses the governance of resources and energy, it struggles to meet the complex demands of this domain due to the inherent separation of public and private rights. These demands include the interplay of multiple objectives, the synergies among diverse stakeholders, and other comprehensive and intricate requirements. Given the systemic and multifaceted nature of risks in the resource and energy sectors, domain legislation has established a cross-sectoral and multi-level comprehensive governance framework by integrating the tools of public law control and private law autonomy. Domain legislation now coexists with traditional sector legislation and its rise aligns with the overarching requirements for building a socialist legal system with Chinese characteristics in the new era. From the perspective of domain legislation, both the Mineral Resources Law and the Energy Law achieve a dynamic balance between public and private rights through the structural framework of legal structure. Moreover, these two laws are closely interconnected in terms of national strategic security, sustainable development, and the application of green principles. Nevertheless, distinct differences persist between them due to variations in their functional positioning, focuses of legal structure, and regulatory mechanisms. In terms of functional positioning, the Mineral Resources Law prioritizes safeguarding the security of the nation’s mineral resources, while the Energy Law focuses on ensuring a secure energy supply. Regarding the focus of legal structure, the Mineral Resources Law emphasizes the market’s role in resource allocation, whereas the Energy Law is predominantly guided by public authority. As for regulatory mechanisms, the Mineral Resources Law reflects specialization and targeted regulation, while the Energy Law places greater emphasis on systematization.