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中华人民共和国电力法(附英文)(二)

颁布时间:1995-12-28

  第六十七条 违反本法第四十九条第二款规定,减少农业和农村用电指标的, 由电力管理部门责令改正;情节严重的,对有关主管人员和直接责任人员给予行 政处分;造成损失的,责令赔偿损失。 第六十八条 违反本法第五十二条第二款和第五十四条规定,未经批准或者 未采取安全措施在电力设施周围或者在依法划定的电力设施保护区内进行作业, 危及电力设施安全的,由电力管理部门责令停止作业、恢复原状并赔偿损失。 第六十九条 违反本法第五十三条规定,在依法划定的电力设施保护区内修 建建筑物、构筑物或者种植植物、堆放物品,危及电力设施安全的,由当地人民 政府责令强制拆除、砍伐或者清除。 第七十条 有下列行为之一,应当给予治安管理处罚的,由公安机关依照治 安管理处罚条例的有关规定予以处罚;构成犯罪的,依法追究刑事责任: (一)阻碍电力建设或者电力设施抢修,致使电力建设或者电力设施抢修不 能正常进行的; (二)扰乱电力生产企业、变电所、电力调度机构和供电企业的秩序,致使 生产、工作和营业不能正常进行的; (三)殴打、公然侮辱履行职务的查电人员或者抄表收费人员的; (四)拒绝、阻碍电力监督检查人员依法执行职务的。 第七十一条 盗窃电能的,由电力管理部门责令停止违法行为,追缴电费并 处应交电费五倍以下的罚款;构成犯罪的,依照刑法第一百五十一条或者第一百 五十二条的规定追究刑事责任。 第七十二条 盗窃电力设施或者以其他方法破坏电力设施,危害公共安全的, 依照刑法第一百零九条或者第一百一十条的规定追究刑事责任。 第七十三条 电力管理部门的工作人员滥用职权、玩忽职守、徇私舞弊,构 成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。 第七十四条 电力企业职工违反规章制度、违章调度或者不服从调度指令, 造成重大事故的,比照刑法第一百一十四条的规定追究刑事责任。 电力企业职工故意延误电力设施抢修或者抢险救灾供电,造成严重后果的, 比照刑法第一百一十四条的规定追究刑事责任。 电力企业的管理人员和查电人员、抄表收费人员勒索用户、以电谋私,构成 犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。 第十章 附 则 第七十五条 本法自1996年4月1日起施行。 附:刑法有关条款   第一百零九条 破坏电力、煤气或者其他易燃易爆设备,危害公共安全,尚 未造成严重后果的,处三年以上十年以下有期徒刑。 第一百一十条 破坏交通工具、交通设备、电力煤气设备、易燃易爆设备造 成严重后果的,处十年以上有期徒刑、无期徒刑或者死刑。 过失犯前款罪的,处七年以下有期徒刑或者拘役。 第一百一十四条 工厂、矿山、林场、建筑企业或者其他企业、事业单位的 职工,由于不服管理、违反规章制度,或者强令工人违章冒险作业,因而发生重 大伤亡事故,造成严重后果的,处三年以下有期徒刑或者拘役;情节特别恶劣的, 处三年以上七年以下有期徒刑。 第一百五十一条 盗窃、诈骗、抢夺公私财物数额较大的,处五年以下有期 徒刑、拘役或者管制。 第一百五十二条 惯窃、惯骗或者盗窃、诈骗、抢夺公私财物数额巨大的, 处五年以上十年以下有期徒刑;情节特别严重的,处十年以上有期徒刑或者无期 徒刑,可以并处没收财产。 Electricity Law of the People's Republic of China (Dec. 28, 1995) Whole document Electricity Law of the People's Republic of China Chapter I General Provisions Article 1 This law is formulated to guarantee and promote the development of the electric power industry, to safeguard the legal rights and interests of investors, operators and users of electric power, and to maintain the safe operation of electric power. Article 2 This law is applicable to activities concerning the construction, production, supply and utilization of electric power within the boundaries of the People's Republic of China. Article 3 The electric power industry shall fit the needs of national economy and social development and develop in advance appropriately. The State encourages and guides legal investment in the development of power sources and the establishment of power production enterprises by domestic and overseas economic organizations or individuals. Investment in the power industry shall implement the principle of "whoever invests, benefits." Article 4 Electric power facilities shall be under the protection of the State. It is forbidden for any unit or individual to endanger the safety of electric power facilities or to illegally occupy or utilize electric energy. Article 5 The construction, production, supply and utilization of electric power shall protect the environment according to law, adopt new technologies, minimize discharge of poisonous waste, and prevent pollution and other public hazards. The State encourages and supports electricity generation by using renewable and clean energy resources. Article 6 The administrative department of electric power under the State Council shall be responsible for the supervision and control of the electric power industry throughout the country. The departments concerned under the State Council shall, within the scope of their respective authorities, be responsible for the supervision and control of electric power industry. The comprehensive administrative departments of economy under the local people's governments at and above the county level, acting as the administrative departments of electric power in their own administrative divisions, shall be responsible for the supervision and control of the electric power industry. The departments concerned under the local people's governments at and above the county level shall, within the scope of their respective authorities, be responsible for the supervision and control of electric power industry. Article 7 Electric power construction enterprises, production enterprises and network operation enterprises shall operate autonomously, be responsible for their own profits and losses, and be subject to the supervision of the administrative departments of electric power, according to law. Article 8 The State assists and supports minority nationality areas, frontier and remote areas, and poverty-stricken areas to develop their electric power industries. Article 9 The State encourages the adoption of advanced science and technology as well as managerial methods in the construction, production, supply and utilization of electric power, and gives awards to those units and individuals that achieve remarkable successes with regard to research, development, and adoption of advanced science and technology as well as managerial methods. Chapter II Construction of Electric Power Article 10 The planning for electric power development shall be drawn up on the basis of the requirements of national economy and social development and shall be put into the plan of national economy and social development. The planning for electric power development shall reflect the principles of rational utilization of energy, coordinated development of the power sources and power networks, increasing economic benefits, and being conducive to environmental protection. Article 11 The construction and retrofit planning of urban power networks shall be put into the overall urban planning. The urban people's governments shall arrange to provide land for substation facilities, transmission line corridors, and cable channels in accordance with the planning. No unit or individual may illegally occupy or utilize the land designated to substation facilities, transmission line corridors, and cable channels. Article 12 The State formulates relevant policies to support and promote electric power construction. The local people's governments shall adopt diversified measures in line with local conditions to develop power sources and promote power construction on the basis of the electric power development planning. Article 13 Investors in electric power shall enjoy legal rights and interests over the electricity generated from their investment. Where electricity thus generated feeds into the power network, the investor shall have the priority in utilization; where a captive power plant is not in parallel operation with the power network, the investor shall have the authority in deciding the utilization on its own. Article 14 Power construction projects shall conform to the electric power development planning as well as the State's industrial policies on the power industry. No power equipment and technology declared obsolete by formal decree of the State shall be used for power construction projects. Article 15 Projects for power networks such as transmission, substation, power dispatching telecommunication and automation projects, and environmental protection projects, shall be designed, constructed, inspected for acceptance and put into operation simultaneously with electricity generation projects. Article 16 Land used for power construction projects shall be handled in accordance with relevant laws and administrative regulations; and in the case where the land is legally requisitioned, the land compensation fee and relocation compensation fee shall be paid therefor according to law, and the relocation of residents shall be handled properly. Power construction shall carry out the principles of giving practical protection to cultivated land and economizing on land utilization. The local people's governments shall support and assist the legal utilization of land and the relocation of residents for the sake of power construction. Article 17 The local people's governments shall support power enterprises in exploring water resources, tapping and using water according to law for the construction of electricity generation projects. The power enterprises shall economize on water. Chapter III Electric Power Production and Power Network Management Article 18 Electric power production and power network operation shall be in line with the principles of safety, high quality and economy. The operation of power networks shall be maintained in a continuous and stable way and the reliability of power supply shall be guaranteed. Article 19 Electric power enterprises shall strengthen the management on safe production, adhere to the principle of safety first and prevention prevailing, and set up and improve the responsibility system of safe production. Electric power enterprises shall carry out regular check, inspection and maintenance on power facilities in order to guarantee their normal operation. Article 20 Enterprises engaged in the supply and transportation of fuel for electricity generation and electric power production enterprises shall supply, transport, and unload and take delivery of such fuel in accordance with the relevant regulations of the State Council or contractual agreements. Article 21 Unified dispatch and hierarchical management shall be implemented in the operation of power networks. No unit or individual may illegally intervene in the dispatch of power networks. Article 22 The State advocates parallel operation between power production enterprises and power networks or among networks. Requests by power production enterprises with the qualifications of an independent legal entity to feed its electricity generated into a power network shall be accepted by the network operation enterprises. Parallel operation must be consist with the standards of the State or the power industry. The two parties in parallel operation shall sign the parallel operation agreements and stipulate the rights and obligations of each in accordance with the principles of unified dispatch, hierarchical management, equality and mutual benefits, and reaching unanimity through consultation; in the case where the two parties fail to reach a parallel operation agreement, the administrative department of electric power at and above the provincial level shall coordinate and make a decision. Article 23 The regulations for power network dispatch and management shall be worked out by the State Council subject to the provisions in this law. Chapter IV Supply and Utilization of Electric Power Article 24 The State adopts the principles of safe, economical and planned supply and utilization of electric power. The regulations of supply and utilization of electric power shall be worked out by the State Council on the basis of the provisions in this law. Article 25 Power supply enterprises shall supply power to the users within their franchised service areas. The division of electricity service areas shall take into account such factors as the structure of power networks and the rationality of power supply. Only one power supply enterprise shall be established in each electricity service area. The establishment or alteration of electricity service areas within the territories of provinces, autonomous regions or municipalities directly under the Central Government shall be applied by power supply enterprises, such application shall be examined by the administrative departments of electric power under the people's governments at the level of provinces, autonomous regions, or municipalities directly under the Central Government in conjunction with relevant departments at the same level, if approved, the said administrative departments of electric power shall issue the Power Supply Business Permits. The establishment or alteration of trans-regional electricity service areas shall be examined by the administrative department of electric power under the State Council, which, if approved, shall issue the Power Supply Business Permit. Power supply enterprises shall not begin operation until they apply for and obtain the business licenses from the industrial and commercial administrations by showing the Power Supply Business Permit. Article 26 Power supply enterprises in any electricity service area shall be obligated to supply power as the State stipulated to the users within their service areas. Power supply enterprises shall not be permitted to violate the State's regulations by refusing to supply power to any unit or individual applying for electricity within their service areas. Applications for new electricity utilization, temporary electricity utilization, increases in capacity of electricity utilization, as well as alteration and termination of electricity utilization shall accomplish the procedure as stipulated. Power supply enterprises shall, at their business places, publicize the procedures, rules and the charge standard on electricity utilization, and shall provide any other relevant information the users must know. Article 27 The power supply party and utilization party shall, on the basis of the principles of equality, voluntary participation and reaching unanimity through consultation, sign the power supply and utilization contract to stipulate the rights and obligations of both parties in line with the regulation of power supply and utilization drawn up by the State Council. Article 28 Power supply enterprises shall guarantee that the quality of the electricity they supply to the users is in conformity to the standards of the State. Problems of electricity quality caused by utility power supply facilities shall be solved without delay. In case that a user has special requirement on electricity quality power, supply enterprises shall supply corresponding electric power according to its necessity and the possibility of the power network. Article 29 Power supply enterprises shall supply power to users continuously without interruption under normal operation of the power production and supply systems. If it is necessary to interrupt the supply due to such reasons as checking and repairing the power supply facilities, legally limiting power utilization amount, or due to illegal utilization of electricity by users, the power supply enterprises shall notify users in advance according to relevant State regulations. Users having disagreements with a power shut-off by a power supply enterprise may complain to the administrative departments of electric power; the complaints shall be handled by the said departments in conformity with legal provisions. Article 30 In the event of emergency power supply for rescue and relief work, power supply enterprises must arrange power supply as soon as possible. The expenses for power supply project and the charges for electricity utilization payable shall be handled according to the relevant regulations of the State. Article 31 Power users shall install electricity meters. The amount of electricity utilized by the user shall be the amount indicated by the electricity meters certified by an institution of measurement appraisal in conformity with legal provisions. The design, construction and installation, as well as operation management of power-receiving devices of users shall be consistent with the State standards or the standards of the power industry. Article 32 Electricity utilization by users shall not endanger the safety of power supply and utilization, nor disturb the order of power supply and utilization. Power supply enterprises are entitled to stop anyone from endangering the safety of power supply and utilization or disturbing the order of power supply and utilization. Article 33 Power supply enterprises shall calculate and collect the electricity fees from users according to the electricity price that has been examined and approved by the State and the records of the electricity meters. Safety inspectors, meter readers, and fee collectors of a power supply enterprise shall present proper identification when entering user's house to conduct safety inspections, read the meters, or collect the fees. Power users shall pay electricity fees on time according to the electricity price examined and approved by the State and the records of electricity meters, and shall provide convenience and assistance to the safety inspectors, meter readers, and fee collectors in fulfilling their duties in conformity with legal provisions. Article 34 Power supply enterprises and users shall both observe the relevant regulations of the State by adopting efficient measures to achieve the safe, economical and planned use of power. Chapter V Electricity Price and Electricity Fee Article 35 Electricity price herein refers to the power purchase price from the power production enterprises by the power network, the mutual-supply electricity price among interconnected power networks, and the electricity sale price of the power networks to the users. The electricity price shall be based on the principle of uniform policy, unified pricing and be regulated at different levels. Article 36 The formulation of electricity price shall be based on the principles of reasonably compensating the cost, reasonable profits, computing tax according to law, fairly dividing the cost, and promoting power construction. Article 37 The power purchase price shall follow the principle of equal price for the same electricity quality on the same power network. Specific methods and implementation procedures shall be worked out by the State Council. For those power production enterprises which need to set the purchase price differently under a special situation, specific methods shall be worked out by the State Council. Article 38 For the power purchase price of a power network spanning different provinces, autonomous regions, or municipalities directly under the Central Government, as well as in a provincial power network, a proposal shall be made through consultation by the enterprises engaged in power production and power network operation, and shall be examined and approved by the pricing administrative department of the State Council. For the power purchase price of an independent power network, a proposal shall be made through consultation by the enterprises engaged in power production and power network operation, and shall be examined and approved by the authorized pricing administrative department. For the power produced by locally funded power production enterprises, if forming an independent power network within different regions of the province or generated for local use, the price may be under the control of the people's governments of the province, autonomous region or municipality directly under the Central Government.

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