Research On The Legislative Issues Of Wind Power In China

Energy,as the lifeblood of national economic development,has always been the focus of attention of all countries in the world.With the continuous growth of the global population and the continuous expansion of economic scale,traditional fossil fuels such as oil,coal are facing the threat of shortage.Therefore,countries around the world have taken the development of renewable energy as the strategic core of development.Compared with traditional conventional energy,renewable energy has the characteristics such as clean,rich in resources and renewable.China is rich in wind resources,which provides a favorable prerequisite for the development of wind-power industry in China.Through the development of wind power industry,the emission of polluted gas can be reduced and the diversification of energy supply can be realized.China has issued some relevant laws and regulations,which is represented by the Renewable Energy Law of the People's Republic of China in 2005(hereinafter referred to as the Renewable Energy Law).However,with the development of economy,the existing legislation has exposed many problems.Therefore,in order to promote the further development of wind-power industry,it is urgent for our country to solve the legal problems existing in the development and utilization of wind-power.In order to give full take the advantages of wind-power generation and promote the early improvement of China's energy crisis and ecological problems,and based on the analysis and evaluation of the relevant wind-power legislation in the United States,Germany and other developed countries,combined with the current legislative situation and existing legal problems of wind-power generation in China,this paper puts forward some legislative suggestions to improve the legal system of wind-power generation in China.This paper is divided into four parts:The first part is an overview of wind-power legislation.Based on the scientific definition of the concept of "wind-power generation",this paper discusses the specific classification types of wind-power generation and the significance of wind-power legislation and other basic theoretical issues are also discussed.The second part discusses the legislative examples of extraterritorial wind-power generation,including the legal system of wind-power generation in the United States,Germany and Denmark,and summarizes the advanced experience of developed countries on the legal system of wind-power generation,which provides reference and reference for the perfection of wind-power legislation system in our country.The third part analyzes the current legal situation and existing problems of windpower generation in our country.By combing the current legislation of wind-power generation in our country,and deeply analyzing the legislation of wind-power generation in our country,it points out the legal problems existing in the legislative system of wind-power generation in China in four aspects: legislative system,right system,environmental protection norms and promotion mechanism.The fourth part puts forward some suggestions based on the problems existing in the legal system of wind-power generation in our country.First of all,this paper puts forward to improve the legislative system,improve the legislative level,and formulate supporting laws and regulations and implementation rules;Secondly,as for the windpower rights system,this paper suggests to promote the commercialization of wind energy resources information,improve the wind-power franchise system,and give enterprises full operational autonomy.Thirdly,as for the environmental protection mechanism of wind-power generation,this paper proposes to standardize pollution control measures and improve ecological protection measures.Finally,as for the legal promotion mechanism of wind-power generation,this paper suggests that we should scientifically set the total target system,refine and improve the full guarantee acquisition system,and this paper also suggests that we need to further improve the economic incentive system.