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我国于1996年制定的《煤炭法》,主要规范煤炭开发利用,存在立法理念定位不准、调整对象偏差、管理体制机制落后、法律制度滞后、责任体系失衡等诸多问题,无法应对因气候变化、环境保护以及能源革命所带来的挑战。对积弊较深的《煤炭法》进行系统修改势在必行,以还原该法的社会法属性以及行业基本法地位,进一步明确监管机构及其职责,同时补充完善煤炭规划、准入等相关法律制度,并做好与能源法、安全生产法以及环境保护相关立法的协调。
The “Coal Law” formulated by China in 1996 mainly regulates the development and utilization of coal. There are many problems such as the misunderstanding of the legislative concept, the deviation of the target of adjustment, the backwardness of the management system and mechanisms, the lag of the legal system and the imbalance of the responsibility system, which can not cope with the problems caused by climate change, Environmental protection and the challenges posed by the energy revolution. It is imperative to carry out systematic revision of the “Coal Law”, which is a long-established system to remedy the status of the law of the law and the status of the basic law in the industry, further clarify the regulatory agencies and their responsibilities, and at the same time, supplement and improve relevant legal systems such as coal planning and admitting , And coordinate with the Energy Law, the Law on Safety Production and the relevant legislation on environmental protection.