中国人口·资源与环境2018，Vol.28Issue(4)：109-116,8.DOI:10.12062/cpre.20170903
海峡两岸可再生能源法律制度比较研究
Comparative research on cross-strait renewable energy legal system in China
摘要
Abstract
In recent years,cross-strait attached great importance on the transition and upgrading of energy structure,aiming at promoting and optimizing the ratio proportion of renewable energy through specialized legislation to achieve low-carbon green energy transformation.Throughout the energy transformation process and path of cross-strait,we found that they are both closely related with the development of renewable energy.At present,cross-strait have already formed a relatively complete renewable energy legal system,but less research has been carried out in this field,which is not conducive to the mutual learning of cross-strait in the field of renewable energy law system.To this end,this paper attempts to comparatively analyze the above problems from static and dynamic perspectives,discusses the research on the legal system of renewable energy on cross-strait by comprehensively using comparative research,normative research,empirical research methods.Looking back on the renewable energy legal system between cross-strait,they have highly similar features in the grid connected system,renewable energy funds,guaranteed acquisition,price management,subsidy mechanism and other core systems.Although there are many different supporting stipulations in the detail level,such as additional renewable energy tariff,grid connected cost sharing,purchase contract time,etc.But in an overall view they are both based on the evolution of the FIT model,and the assimilation tendency is very obvious.In practice,cross-strait both have been established green power transaction certificate system in 2017,in order to promote the voluntary subscription market development.Cross-strait also face some common problems and realistic challenges,such as renewable energy development incentive mechanism,fund shortage,introduce auction system,promotion of green power transaction certificate system and so on.Through the comparative study,we found there is an assimilation phenomenon in the legal system of renewable energy on cross-strait.The system choice and path of legal modification are similar.Taiwan's practice suggests that we should strengthen the screening and improvement of system introduction,the legal system improvement needs to absorption the native resources.The Taiwan intellect gathering legislation path is worthy of study;especially in terms of the renewable energy law which is more technical,we should fully take the recommendations of experts and scholars and also should focus on strengthening the construction of a public participation mechanism of accessibility.关键词
海峡两岸/比较研究/可再生能源法律制度/制度趋同化/修正FITKey words
cross-strait/comparative research/renewable energy legal system/system assimilation/improved FIT分类
资源环境引用本文复制引用
邓海峰,茸宇..海峡两岸可再生能源法律制度比较研究[J].中国人口·资源与环境,2018,28(4):109-116,8.基金项目
国家社科基金重大项目“法治的生态转型和生态文明法律制度建设研究”(批准号:14ZDC030). （批准号:14ZDC030）
