Legal Regulation On The Development And Utilization Of Biomass Energy In China

Energy is an important material of economic development and social progress. Nowadays, with the human ever-increasing demand for energy, the shortage of energy supply and environmental pollution it causes makes the contradiction among energy supply, environmental protection and economic development growing. However, renewable energy will become an effective choice for the world future development because of its features such as low energy density, abundance in resources, cleanness and renewal. As a kind of renewable energy, biological energy has been an important energy for human survival. It has become the fourth energy of the world's total energy consumption (after coal, oil and gas). And in the future it will become an important part in the sustainable energy system.To promote the development and utilization of renewable energy, China adopted "the People's Republic of China Renewable Energy Law" in 2005, and introduced a number of laws and regulations and administrative documents related to biological energy. As a new clean energy, biological energy is still lack of corresponding legal security system of support, policy support and legal assurance. Therefore, we urgently need to strengthen legal regulations, furthermore, standardize the development and utilization of biological energy.This thesis begins with China's energy status quo. On the basis of analysis of Renewable Energy Law, it introduces the status quo of legal regulations of the development and utilization of biological energy home and abroad. Then it analyses the flaws and deficiencies of legal regulations. At last, it makes reasonable proposals for China's legal regulations with the methods of positive, history and comparative analysis. This thesis is divided into seven parts:The first part is introduction. In this part it introduces the status quo and research value of the proposition. And it simply introduces innovative points and expository methods.The second part is the discussion about basic theory on the development and utilization of biological energy. Biological energy is not only a storable and transportable renewable energy, but also an important energy for human survival. In the energy structure in the world its position is very important. It is obvious that the development and utilization of biological energy makes enormous contributions to mankind, but there are also disadvantages. This part answers what biological energy is, and the importance of its development and utilization. It proposes theoretical basis of its development and utilization such as sustainable development theory and recycling economy theory. And it discusses the pros and cons, so as to provide a basic, practical basis for legal regulations research of the development and utilization of biological energy.The third part summarizes foreign status quo and experience of legal regulations of the development and utilization of biological energy. European developed countries and many Asian countries have great development in the development and utilization of biological energy, because all the relevant policies, laws and regulations play an important promoting role undoubtedly. With the methods of history and comparative analysis, this part analyses legal regulations of several foreign relatively successful countries, such as Germany, United States, Japan, Brazil and so on, so as to provide experience for China's legal regulations of the development and utilization of biological energy.The fourth part sums up defects of China's legal regulations. At present, China has no special legislation of the development and utilization of biological energy, but also the contents of the relevant legislation are also very limited, and its provisions are only contained in departmental regulations. After detailed analysis of the current situation of China's biological energy, we can easily find system of legal norms, effectiveness rating of laws and regulations and supporting systems still have many shortcomings in the development and utilization of biological energy. These will affect the development process of the development and utilization of our country's biological energy.The fifth part makes reasonable proposals of China's legal regulations. This section aims at the shortcomings, and discusses from guiding ideology and its principles of China's legal regulations, and improvement of system of legal norms, effectiveness rating and its associated system, strengthening of legal measures. And these are innovative points in this thesis. As a kind of renewable and clean new energy, legal regulations of its development and utilization are necessary. And this is one of key points discussed in this section.The sixth part is conclusion. After summing up the whole, it expounded on the author's proposals and the value of legal regulations of the development and utilization of biological energy again.