Biodiesel Technology Dispatch of biology derv net: Although fall each orgnaizations gave out season to concern the signal that the sources of energy reforms again and again, but chain of extensive to level of this one drag in, increase is inscribed if complex, susceptibility is quite tall and everything returns character to still be in phase of ” of “ early spring probably.
On September 25, beijing arbitrates committee tries from another angle —— namely the perspective of ” of “ legal system gave out this orgnaization released the observation —— that they reform to the sources of energy " controversy of Chinese the sources of energy solves year to observe (2015) " report.
“ contradicts at present special still acuteness and outstanding ” , world of report contributor, Beijing lustre Zhang Libin of attorney office partner expresses, the country needs to put forward to reform scheme as soon as possible in the light of the problem.
In consulted after involving energy market contentious case in great quantities, the report points out, the “ fuse ” that the barrier that civilian battalion enterprise forms mechanism, government to superintend place of this tripartite face to be faced with in industry admittance, price appeared to become major dispute to erupt. And after discovering “ fuse ” , how to tear open its safety Jie Zecheng to be reformed for the sources of energy whether successful another key.
Smash up a monopoly
In January 2014, yunnan is filled with Inc. of vessel biology the sources of energy (Yunnan of “ of the following abbreviation is filled with a vessel ”) because of forestall one paper indictment will be medium petrifaction [small gain] branch of oil of Yunnan of company of sale of the petrifaction in reaching tells a court, the biology derv that asks its are filled with Yunnan the vessel to produce brings into fuel to sell a system, this lawsuit is by what media says “ China oil (8.52, 0.08, 0.95%) forestall ” of the first case.
As we have learned, yunnan is filled with a vessel is a biology energy company that produces per year derv of 15 thousand tons of biology.
But, because biology derv produces the aptitude that the enterprise did not sell, must sell company cooperation with finished product oil. And in the sale terminal that petrifaction Yunnan branch held Kunming to exceed 80% again, so Yunnan is filled with a vessel hope and in the biology diesel oil that petrifaction collaboration produces the company sells go out, but the petrochemical in getting agrees. Accordingly, yunnan is filled with a vessel because of forestall will medium petrifaction Yunnan branch tells a court, the petrifaction in the hope according to ” but law of second birth energy ” regulation, the biology derv that accords with the company that be filled with a vessel national level brings into his to sell a system. Final, yunnan saves Kunming city quadrangle to adjudicate at making first instance on December 16, 2014, branch of Yunnan of the petrifaction in deciding was disobeyed ” antitrust law ” . #p#·ÖÒ³±êÌâ#e#
Zhang Libin tells ” times of an ancient name for China ” reporter, oil gas industry is the industry of forestall of height of a state-owned company, this and at present our country ” antitrust law ” the regulation is mutual conflict. ” of the first case has monopoly of “ China oil certain typical sex, this kind of law case still will happen henceforth. How is this case solved, adumbrative also energy innovation will develop toward what direction henceforth.
Be forced cheat
In December 2006, department of Commerce is released ” method of finished product oily market control ” regulation, satisfy the industry of certain condition, can apply for finished product oil wholesale management qualification, “ although code gifted civilian battalion enterprise is engaged in finished product oil retail the possibility with wholesale business Wu, but the threshold that sets is exorbitant however, make civilian battalion enterprise cannot be engaged in finished product oily marketing truly. ” Zhang Libin expresses. By force of but, a lot of civilian look forward to often can need the commodity that aptitude ability manages to be written intentionally into the goods that does not need aptitude to be able to be managed in contract lieutenant general only, but such doing also to trade the lawful sex of the contract increased a risk.
The “ Hua Xinshi that happened 2014 is oily (Guangdong) limited company appeals to to make rich the sources of energy develops limited company to apply for cancel to arbitrate adjudication case ” is typical case in Guangdong.
As we have learned, the sources of energy of the abundant in Guangdong expands limited company (”) of the sources of energy of the abundant in “ of the following abbreviation has derv to supply the market, they and Hua Xinshi are oily (Guangdong) limited company (oily ”) of Hua Xinshi of “ of the following abbreviation cooperates, by Hua Xinshi oil searchs derv supply of goods, both sides was signed ” oil tastes contract of purchase and sale ” . Because Hua Xinshi oil does not have the aptitude of management derv business, the content of the mark that agrees in the contract so is “ marine fuel oily ” , and it is the country that the country executes concessionary management license actually ¢ò derv. The price of bilateral agreement is every boat 5000 tons, every tons 7570 yuan. But in be being fulfilled actually, abundant the sources of energy is delivering goods however in the instead in the announcement every boat 6000 tons, every tons 7370 yuan, because do not agree with the price to adjust, hua Xinshi oil did not deliver goods. The arbitration mentions to Guangzhou arbitral committee after making rich the sources of energy is followed in, demand the other side fulfils a contract. Arbitral front courtyard passes cognizance, recognize the validity of the contract, requirement China believes oil to fulfil the contract between both sides. Hua Xinshi is oily then to to lodge a complaint of court of Guangzhou intermediate people, application cancel arbitration adjudicates on. The court thinks via cognizance, the oil that bilateral party signs tastes contract of purchase and sale to belong to “ to mask illegal purpose ” with legal form, avoid country is superintended compulsively, its behavior disturbed finished product manages order of oil market normally badly, and violate compasses manage ensure finished product oily quality hard. Final, forensic ruling cancel the arbitral adjudication of Guangzhou arbitral committee. #p#·ÖÒ³±êÌâ#e#
Zhang Libin thinks, the court makes as above court decision, basically be to stem from the consideration that upholds market order, but appear too conservative. From prospective oil gas reform way looks, ” method of finished product oily market control ” sets aptitude threshold is exorbitant, go against the sufficient competition with oil gas downstream industry. Prospective reform should lower the requirement of aptitude further, cancel unreasonable limitation.
Protect reform with law
Although the big screen of energy innovation already open, but the lag as a result of relevant law laws and regulations, legal right can is faced with to cannot get awkward situation of protection after the enterprise enters energy industry.
For example, the State Council was released 2010 ” a certain number of opinions that invest healthy progress about encourage and guiding folk ” , put forward “ to encourage civilian capital to participate in oil natural gas to build ” to wait, but the legislation that our country has not enact a civilian capital to enter field of oil gas upper reaches up to now is normative, bring about relevant collaboration to although invest cent to be reached into scale,just agree, but because participate in the lack of civilian look forward to of investment,corresponding aptitude is faced with collaboration to manage behavior to be maintained to be invalid deadly risk.
On Feburary 28, 2014, national hair changes appoint release ” construction of natural gas infrastructure and operation government measure ” regulation, encourage, the natural gas infrastructure that supports of all kinds capital to participate in investment construction to bring into unified program, this built conduit of operation natural gas to open an entrance door for social capital investment. But, because upper reaches is angry the source is main by forestall of place of 3 big Petroleum Company, civilian look forward to invests the conduit of construction to may face the uncertainty of upriver air feed, easy be controlled by state-owend enterprise place.
“ direction is already clear, it is industry market unlocks the sources of energy. But the market is unlocked and do not mean did not superintend, if antitrust was not superintended, after the market is unlocked, compete without foreword, be pair of resource as a result is new round of plunder, and much power money trades. ” Zhang Libin says, “ market is unlocked must follow superintend undertake together, reform otherwise won’t successful. ”