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The Functional Interaction Of Renewable Energy Laws And Policies From The Perspective Of Coherence Theory

Posted on:2020-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:J H DengFull Text:PDF
GTID:2416330596480552Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
In recent years,driven by factors such as increased energy demand,tight energy supply and increasingly prominent environmental climate change issues,China has introduced a series of renewable energy laws and regulations and related policies,initially forming the “Renewable Energy Law”.The renewable energy legal policy system supplemented by the renewable energy policy and other related laws,regulations and policies basically realizes the legal basis for the development,utilization and supervision of renewable energy.As two main institutional tools in the field of renewable energy,renewable energy law and renewable energy policy are not inherently rational because they are inherently rational.They should be independent and interconnected in energy use and energy.Safety and environmental protection play a role.Therefore,how to realize the interaction and coupling of renewable energy law and renewable energy policy to build a stable structure of China's renewable energy countermeasure system is particularly important.The coherence of the legal system is one of the goals of the rule of law.The coherence of general jurisprudence includes the coherence of norms,the coherence of the field,and the coherence of purpose.This provides a new framework and new ideas for examining the relationship between renewable energy law and policy.Renewable energy laws and policy systems have a new meaning by achieving the coherence requirements of complementary functions,system selection and value balance.First,under the functional logic of renewable energy laws and policies,due to the different functional preferences of laws and policies,the “legal hollowing out” situation in which the development and utilization of renewable energy in China is faced with a rare law and many policies is proposed.“Legalization of policies” continues to highlight the concept and value of renewable energy rule of law with the stability of the law.At the same time,it is based on policy flexibility and adaptability to face “legal policy” to achieve renewable energy policies for renewable energy.The supply and expansion of legal flexibility functions.This is the requirement for the first level of internal coherence.Second,under the system logic of renewable energy laws and policies,the interaction model of the two can theoretically be represented by four dimensions,namely,the policy confirmation and integration function of the law,the policy promotion and innovation function of the law,and the law of the policy.The guiding and guiding functions,the legal supplement and the promotion function of the policy,in the specific practice,the functional interaction between the law and the policy also has different influences on the subject of the renewable energy legal relationship.Among them,the government is the leading force in promoting the development of the renewable energy industry.In order to comply with the needs of the reform of the energy system,we should control the government's “grab hand” and let go of its “supporting hand” to promote the early establishment of a renewable energy market.This is the second level of internal coherence.Third,under the logic of renewable energy laws and policies,the renewable energy law and policy system must not only pursue the general legal value of fairness,justice,order,but also ecological value due to the ecological and resource attributes of renewable energy.,economic value and social value,after the value integration of the renewable energy regulation system,its external coherence multiple goals can be expressed as ecological goals,market goals and humanistic goals,the three are unified in the renewable energy rule of law The concept will promote the role of renewable energy in ensuring energy security,protecting the ecological environment,promoting market improvement,and responding to global climate change.This is a requirement for external coherence.At this point,the renewable energy law and policy system from the perspective of coherence can achieve positive interaction and complement each other.On the one hand,the renewable energy policy provides the replenishment and expansion of the flexible energy law for renewable energy laws.On the other hand,the renewable energy law demonstrates the concept and value of the renewable energy rule of law with its stability.To jointly promote renewable energy to a new direction of the rule of law.
Keywords/Search Tags:Renewable Energy Law, Renewable Energy Policy, Coherence, Interaction
PDF Full Text Request
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