关键词: 合同能源管理, 节能量, 民事纠纷, 民法典, 合同解除权

Abstract: The Outline of the 13th Five-Year Plan for National Economic and Social Development gives fall stress on energy performance contracting. Specialization and marketization of energy performance contracting help to improve energy saving efficiency. However, civil disputes of energy performance contracting continue to increase during the 13th Five-Year Plan period,which seriously affects the implementation of energy performance contracting projects. Through analysis of 312 cases, we find that there are some problems in energy performance contracting in Chin, such as unclear determination of subjects of energy saving verification, energy user's failure to perform contract payment obligation and to abuse contract termination right, and difficulties in full performance of contracts due to the long time span. In order to achieve the energy-saving goal during the "14th Five-Year Plan" period, we should solve the civil disputes in energy performance contracting and promote the popularization and implementation of energy performance contracting by clarifying the subject of energy-saving verification and its obligations, strengthening the constraint mechanism of contract payment, perfecting the applicable norms of contract termination, and overcoming the contract risks caused by long time span.

Key words: energy performance contracting, energy savings, civil dispute, civil code, contract termination right