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能源供给和能源安全已成为人类社会和全球发展的重要话题。中国近年来着手实行的政府能源储备却徘徊在法治边缘,尤其欠缺公法规制。从公法功能主义视角解读政府能源储备行为,应理性地确立包括人大监督、程序正义、监管体制完善、立法过程监督和市场经济保障等一体的公法制度,从而最大程度地实现和维护公共利益。
Energy supply and energy security have become important topics in the development of human society and the world. The energy reserve of the government that China has embarked on in recent years has lingered on the edge of the rule of law, especially the lack of public law. To interpret government energy reserve behavior from the perspective of public law functionalism, we should reasonably establish a public law system that includes the people’s congress supervision, procedural justice, the supervision system improvement, the legislative process supervision and the market economy safeguard so as to realize and safeguard public interests to the greatest extent.