Energy is the material base of the human being.According to the law of “from status to contract”，there emerged lots of contracts concerning energy，but the academic research related to this topic were rare.In order to fill up the vacancy of the research of energy contract，I write this paper.

The main process of my research is as follows：First，I will find the base and theory accumulation of the connection of energy and contract.Second，I will try to discuss the general rule of the energy contract，including the definition，content，classification etc.Third，I will explain the individual rules of some typical energy contracts.

1.The Relationship between Energy and Contract

（1） Energy

Energy is a substance or the motion of a substance which can provide some kinds of energy.We can divide energy into several kinds，such as primary energy and secondary energy；renewable energy and non-renewable energy.Energy has many values including natural value，economic value，security value and ecological value.Although the ecological value is not in priority among the four values，it reflects the coordination of the four different values.

（2） Contract

Different contracts have different meanings，but they all contain two elements，one is that a contract can only be used upon certain kinds of subjects；the other is that a contract bears specific meaning.

Contract can be categorized into two types-contracts in law and contract not in law.The contract originated from natural law，developed in positive law，then it experienced the argument of death and reborn.The process tells us that：we should drop the exogenous factor such as freedom，and let the contract come back to its original position.So in my point of view，contract is something that bears certain kinds of relationship and expresses consensus.

（3） The demand of the combination of energy and contract

The exploration，development，processing，storage，transaction，service，trading，management of energy all need contract to express consensus.Besides，now there emerged some kinds of energy contracts in many arenas.

（4） The theory preparation of the combination of energy and contract

We have to resolve the following question：first，on the premise of the division of public law and private law，the communication of the two kinds of law are closer than before，the overlapping of public law and private law appears frequently today.So the energy contracts can be given the characters of both public law and private law.Second，now the“contract”is taking off its unnecessary attachment，the demand of the spirit“freedom of contract”is not as strong as before，this change reflects that the consensus becomes less important today.So，contract can be setup in energy field，even in this field the public law is in main strain，we can still find the traces of consensus.

2.The General Principles

（1） The definition of energy contract

Energy contract is the protocol that concerns attribution，exploration，use and protection of the energy resource among the owner，explorer，processor，supplier and user of it.The environment contract is the protocol that concerns the determination and transfer of the environment use right between a country and a citizen or individuals，which can be divided into two kinds-the pollution control contract and the environment utilization and protection contract.The energy contract belongs to the second one and is a special environmental contract.

（2） The nature of energy contract

Energy contract is collectiveness which means that one energy contract contains many single contracts and the abstract conception of some concrete contracts.Energy contract has the character of both public law and private law.Under the contract，people can set up various kinds of relationships which come from the energy use.Besides，government may regulate and add some limitation to the energy contract due to the consideration of the public security and the national safety.

（3） The principle of energy contract

One principle is keeping the balance of the private right and public right of energy.The second principle is safety goes first，efficiency follows.Safety means the safety of both energy and trade.Efficiency includes the energy efficiency and the contract efficiency.

（4） The subject of energy contract

There are three kinds of subjects of energy contract：country，legal person and natural person.It is important for the country to transfer its identity between the nihility and reality.Second，different contracts demand different qualifications for legal person and natural person.

（5） The object of energy contract

The object of energy contract is the act of performance which includes the presentation of energy and the presentation of labor service of energy.

（6） The content of energy contract

The content of energy contract includes the right and obligation of the litigants，and the specific clause.All these right can be found in the process of exploration，development，processing，storage，transport，service，trading，and management of energy.

（7） The form，establishment，come into force and performance of energy contract

Different contract needs different forms.The establishment of the contract cites but is different from the“offer”and“promise”of the traditional contract.The effective essentials are as same as the traditional contract theory which includes four elements-disposing capacity；real declaration of will，legal content and proper form.The performance of energy contract gives the public oblige some kinds of right for the purpose of contract supervision and guidance.

（8） The redress of energy contract

The main way of pursuing redress is litigation，while the non-litigation way is an exception.The cause of it is that the majority subjects of the contract are administrative organizations.It will be unjust if the administrative organizations offer the redress.

3.The Specifics of Energy Contract

（1） Energy development contract

Energy development contract contains exploration contract and acquisition contract.It is improper to see the process of getting exploration right and acquisition right as an administrative permission.Actually the government is not only the energy manager；there is also consensus between the parties of the contract.

Energy exploration contract is the contract between the owner and the explorer of the energy which emphasizes on the primary distribution and the transaction of exploration right.Energy acquisition contract is the contract between the owner and the collectors of the energy which emphasizes on the primary distribution and the transaction of acquisition right.

（2） Energy processing contract

Energy processing contract is the contract that the workers do the job in light of the requirements of the customer，deliver the working achievement of energy processing，and the customer pay the rewards.Energy processing contract is different from the undertaking contract in the following aspects：first，the obligation of the worker and the customer；second，the burden of the risk of the energy material，working achievement and rewards；third，arbitrary rescission right of the customer and one party's material breach will lead to the termination of a contract.

（3） Energy storage and transportation contract

Energy storage and transportation contract is the general name of energy storage contract and energy transportation contract.This kind of contract has some typical characteristics：first，new ways of storage are emerging as the development and use of new energy such as electric energy，nuclear，etc；second，the conception of modern logistics is entering the field of energy storage.

（4） Energy supply contract

The purpose of energy supply contract is to resolve the allocation of the obligation and right between the supplier and the customer of energy.The supply contract can be sorted into two kinds-one is supply contract which service for the tangible energy product while the other kind is energy service contract which is about intangible service of energy.

（5） Energy trade contract

Energy trade contract is the contract about the development，sale and service of energy of parties that in different countries.The obligation and right between the foreign company and the host country is in difference.There are two forms of trade contract；one is permission type while the other is contract style.

（6） Energy regulation contract

Energy regulation contract is the protocol between the manager and being managed concerning the energy emergency，storage and technology，which contains two kinds of contract-forbidden and limit contract and advocate contract.It is significant to use the contract to regulate the energy use because it can make the obligation and right clear.

4.The Conception of Energy Contract and the Methodology of Energy Law

The methodology of energy law can be divided into four kinds：a） the general methodology，which is the thinking of energy law as well as the thinking in light of energy law；b） specific methodology which means individualism methodology，holism methodology，positive analysis methodology and normative analysis methodology；c） general research method，including law philosophy research method，law and economics research method，sociology of law research method，law and history research method etc；and d） specific research method which means one kind of research method on one particular energy law phenomenon.

The conception of energy contract can be used as the general methodology and specific methodology due to the following reasons：first，such conception is not only the thinking about the energy law，but also the thinking based on energy law；second，the conception of energy contract is the unity of individualism and holism，the combination of positive analysis and normative analysis.

Key words：Energy；Contract；Energy Contract；Methodology

Energy is the material base of the human being.According to the law of “from status to contract”，there emerged lots of contracts concerning energy，but the academic research related to this topic were rare.In order to fill up the vacancy of the research of energy contract，I write this paper.The main process of my research is as follows：First，I will find the base and theory accumulation of the connection of energy and contract.Second，I will try to discuss the general rule of the energy contract，including the definition，content，classification etc.Third，I will explain the individual rules of some typical energy contracts.1.The Relationship between Energy and Contract（1） EnergyEnergy is a substance or the motion of a substance which can provide some kinds of energy.We can divide energy into several kinds，such as primary energy and secondary energy；renewable energy and non-renewable energy.Energy has many values including natural value，economic value，security value and ecological value.Although the ecological value is not in priority among the four values，it reflects the coordination of the four different values.（2） ContractDifferent contracts have different meanings，but they all contain two elements，one is that a contract can only be used upon certain kinds of subjects；the other is that a contract bears specific meaning.Contract can be categorized into two types-contracts in law and contract not in law.The contract originated from natural law，developed in positive law，then it experienced the argument of death and reborn.The process tells us that：we should drop the exogenous factor such as freedom，and let the contract come back to its original position.So in my point of view，contract is something that bears certain kinds of relationship and expresses consensus.（3） The demand of the combination of energy and contractThe exploration，development，processing，storage，transaction，service，trading，management of energy all need contract to express consensus.Besides，now there emerged some kinds of energy contracts in many arenas.（4） The theory preparation of the combination of energy and contractWe have to resolve the following question：first，on the premise of the division of public law and private law，the communication of the two kinds of law are closer than before，the overlapping of public law and private law appears frequently today.So the energy contracts can be given the characters of both public law and private law.Second，now the“contract”is taking off its unnecessary attachment，the demand of the spirit“freedom of contract”is not as strong as before，this change reflects that the consensus becomes less important today.So，contract can be setup in energy field，even in this field the public law is in main strain，we can still find the traces of consensus.2.The General Principles（1） The definition of energy contractEnergy contract is the protocol that concerns attribution，exploration，use and protection of the energy resource among the owner，explorer，processor，supplier and user of it.The environment contract is the protocol that concerns the determination and transfer of the environment use right between a country and a citizen or individuals，which can be divided into two kinds-the pollution control contract and the environment utilization and protection contract.The energy contract belongs to the second one and is a special environmental contract.（2） The nature of energy contractEnergy contract is collectiveness which means that one energy contract contains many single contracts and the abstract conception of some concrete contracts.Energy contract has the character of both public law and private law.Under the contract，people can set up various kinds of relationships which come from the energy use.Besides，government may regulate and add some limitation to the energy contract due to the consideration of the public security and the national safety.（3） The principle of energy contractOne principle is keeping the balance of the private right and public right of energy.The second principle is safety goes first，efficiency follows.Safety means the safety of both energy and trade.Efficiency includes the energy efficiency and the contract efficiency.（4） The subject of energy contractThere are three kinds of subjects of energy contract：country，legal person and natural person.It is important for the country to transfer its identity between the nihility and reality.Second，different contracts demand different qualifications for legal person and natural person.（5） The object of energy contractThe object of energy contract is the act of performance which includes the presentation of energy and the presentation of labor service of energy.（6） The content of energy contractThe content of energy contract includes the right and obligation of the litigants，and the specific clause.All these right can be found in the process of exploration，development，processing，storage，transport，service，trading，and management of energy.（7） The form，establishment，come into force and performance of energy contractDifferent contract needs different forms.The establishment of the contract cites but is different from the“offer”and“promise”of the traditional contract.The effective essentials are as same as the traditional contract theory which includes four elements-disposing capacity；real declaration of will，legal content and proper form.The performance of energy contract gives the public oblige some kinds of right for the purpose of contract supervision and guidance.（8） The redress of energy contractThe main way of pursuing redress is litigation，while the non-litigation way is an exception.The cause of it is that the majority subjects of the contract are administrative organizations.It will be unjust if the administrative organizations offer the redress.3.The Specifics of Energy Contract（1） Energy development contractEnergy development contract contains exploration contract and acquisition contract.It is improper to see the process of getting exploration right and acquisition right as an administrative permission.Actually the government is not only the energy manager；there is also consensus between the parties of the contract.Energy exploration contract is the contract between the owner and the explorer of the energy which emphasizes on the primary distribution and the transaction of exploration right.Energy acquisition contract is the contract between the owner and the collectors of the energy which emphasizes on the primary distribution and the transaction of acquisition right.（2） Energy processing contractEnergy processing contract is the contract that the workers do the job in light of the requirements of the customer，deliver the working achievement of energy processing，and the customer pay the rewards.Energy processing contract is different from the undertaking contract in the following aspects：first，the obligation of the worker and the customer；second，the burden of the risk of the energy material，working achievement and rewards；third，arbitrary rescission right of the customer and one party's material breach will lead to the termination of a contract.（3） Energy storage and transportation contractEnergy storage and transportation contract is the general name of energy storage contract and energy transportation contract.This kind of contract has some typical characteristics：first，new ways of storage are emerging as the development and use of new energy such as electric energy，nuclear，etc；second，the conception of modern logistics is entering the field of energy storage.（4） Energy supply contractThe purpose of energy supply contract is to resolve the allocation of the obligation and right between the supplier and the customer of energy.The supply contract can be sorted into two kinds-one is supply contract which service for the tangible energy product while the other kind is energy service contract which is about intangible service of energy.（5） Energy trade contractEnergy trade contract is the contract about the development，sale and service of energy of parties that in different countries.The obligation and right between the foreign company and the host country is in difference.There are two forms of trade contract；one is permission type while the other is contract style.（6） Energy regulation contractEnergy regulation contract is the protocol between the manager and being managed concerning the energy emergency，storage and technology，which contains two kinds of contract-forbidden and limit contract and advocate contract.It is significant to use the contract to regulate the energy use because it can make the obligation and right clear.4.The Conception of Energy Contract and the Methodology of Energy LawThe methodology of energy law can be divided into four kinds：a） the general methodology，which is the thinking of energy law as well as the thinking in light of energy law；b） specific methodology which means individualism methodology，holism methodology，positive analysis methodology and normative analysis methodology；c） general research method，including law philosophy research method，law and economics research method，sociology of law research method，law and history research method etc；and d） specific research method which means one kind of research method on one particular energy law phenomenon.The conception of energy contract can be used as the general methodology and specific methodology due to the following reasons：first，such conception is not only the thinking about the energy law，but also the thinking based on energy law；second，the conception of energy contract is the unity of individualism and holism，the combination of positive analysis and normative analysis. Key words：Energy；Contract；Energy Contract；Methodology