| Last century, along with the rapid development of economy, ecological environment become worse. All kinds of environmental issues have arisen, including global warming, ozone depletion, living beings extinction, acid rain spreading, atmosphere pollution and etc. Then,"green"is becoming more and more popular.Green economy, green GDP and green energy are all well known to people."Green power", as a new fashion word, came into our view, drawing more and more attention. Green power differs from common power. It is the power which comes from renewable energy. The production of green power doesn't burn fossil energy, nor release Green House Gas (GHG) or arouse other pollution, so we call it green power. The category of green power in this dissertation is different from the definition by other scholars, which exclude hydro-power. Green power means power produced by renewable energy, such as wind energy, solar energy, biomass energy, geothermal energy and ocean energy. The reason excluding hydro-power from green power category is that the production of hydro-power hardly avoids pollution to aquatic ecology environment. In this sense, water energy doesn't belong to green energy.Half century ago, some developed countries such as America, Germany and Japan, began to develop the industry of green power. When people see the positive affection of green power to the development of renewable energy, more and more countries draw up laws to promote the development of green power. The development history of green power in China is only 2 decades, but it had seen great achievements. Currently China has been a big country of green power industry, but the laws about green power development are not perfect. This dissertation tries to construct the legal mechanism system to promote the development of green power.The first part introduces the aim and meaning of the selection of this topic, current research development both home and aboard and the research method of this dissertation. At the end of this part, the connotation and extension of the green power category are expounded in detail.Chapterâ… . The theories and realistic basis for the green power development. The first section states the theories of sustainable development, energy security and industrial theory, and the relationship between them and the development of green power. The second section analyses the necessity, feasibility, and dilemma of the green power development in China. The energy conservation,development of the west regions,development of new villages, more than all that need the development of green power; rich sources, high technology and good institution make the development of green power feasible, but the relevant legislation system, industrial policies, pricing, revenue are not well organized. What follows in the paper, puts forward suggestions about completing our legislation system on green power development.Chapterâ…¡. The legislation ensuring system of the green power development. The green power development needs multiple safeguards, but the most important one is the legislation ensuring system. This chapter reviews the legislation history of green power, analyses the basic function of the law, and the shortages on legislation purposes, technique, etc. According to the legislation experiences from developed countries, this chapter presents suggestions about completing our legislation ensuring system. Good industrial policies have important affect on the green power development, so we should modificate industrial policies in existence, and write them in law. We may draft"the law of green power development industrial policy"or"the law of renewable energy sources", which define the principle, contents, and implements of the green power development.Chapterâ…¢. Legal mechanism on the price regulation of the green power development. The first section defines the meaning of price regulation, which means restrictions and incentives. Due to its positive effect, we should take encouragement measures to fix a price. The second section introduces 5 models of price regulation in the world. The third section lists the measures we had token in last 20 years, and at the base of the current situation, the most workable price regulation is the fixed price system. Based on the success of fixed price system in Germany, we could expand the price regulation on wind power generation to the green power development. At the same time make more complementary measures.Chapterâ…£. Legal mechanism on fiscal subsidy for the green power development. The first section analyzes the intension and characteristics on two levels, demestic law and international law. Furthermore using the theories of externalities and market failure analyzes the fiscal subsidy for the development of green power. The second section proves the legitimacy for giving green power production fiscal subsidy, and indicates that the fiscal subsidy for green power industry is both one of the important measures of government initially assuming the social responsibility and the significant environment economic method of government regulatiting market. The fiscal subusidy plays a positive role in fostering the supply and demand for green power markets. Besides, according to the"SCM Agreement"relevant provisions of fiscal subsidy, this dissertation indicates that the fiscal subsidy to the green power research and development department should be appropriate, avoiding the countervaliling appeal. While the subsidy to the production of green power could not give anybody any extra interest, including the production cooperation and the grid cooperation, it should not be regulated by the"SCM Agreement". The third section evaluates and analyzes the status of the legal system of fiscal subsidy, then puts forward a sound proposal including the legal basis, basic principles, scope and duration of the subsidy for green power.Chapterâ…¤. Legal mechanism on tax incentive for green power development. The theory of economic externalities and author c. Pigou tell us to carry out tax incentive to the green power development, because the green power has no negative economic extension. But the production of common power is harmful for the environment, so we should collect tax. There are tow kinds of tax mechanism, positive incentive mechanism and negative incentive mechanism. In America, they take positive incentive mechanism, giving firms, people, governments more privileges on tax, subsidy, guarantee, etc. It is effective and sound, and we can learn form it. The tax incentive on the green power development in our country is not enough. Some times, we have no law to follow. So we should perfect our tax laws, give more privilege to tax subject,carry out carbon tax and environmental tax.Chapterâ…¥. Legal mechanism on finance incentive for the green power development. One feature of green power industry is that initial investment is very high. Due to its high investment, the finance becomes a hard problem. Finance incentive is one way to work out the finance problem, and also a safeguard to realize the function of the industrial policy orientation. In the second section, there are relevant measures about finance incentive in other countries, which emphasizes on low interest rate loan and similar projects. The third section analyses the current situation about the finance incentive laws in China. The financing model in which based finance plays a great role is irrational. The support from commercial finance to the green power development is not enough, and the legal institution of finance incentive should be a multivariant system. The workable method is that the policy finance and the commercial finance have been combiningd together. Banks in line with the Equator Principle set up green credit system. Broading the financing channels for green power industry. Try to simplify the procedures of approval and tradition, promote international cooperation, improve the contract system, protect the economic safety, and at the same time, introduce foreign investments to develop the green power in maximum. |
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