中德可再生能源法比较研究

发布时间：2019-03-28 09:44

【摘要】： 中德两国都是能源消耗大国,同样面临着保障能源安全和维护环境安全的巨大压力。可再生能源相较于化石能源而言是国内能源、清洁能源。积极发展可再生能源有利于改善能源结构、保障能源安全和保护生态环境,实现社会的可持续发展。中德两国都十分重视可再生能源的开发与利用,采用多种手段促进可再生能源法的发展,法律手段是促进可再生能源稳定快速发展的有力手段之一。中德两国虽然在国土面积、人口、政治制度方面有较大差异,但中德可再生能源法有着相似的立法理念与目的。中德两国相似的法律传统和相通的立法技术也为中德两国可再生能源法的相互借鉴提供了基础。德国可再生能源法起步较早,其法律指标明确具体、法律规范科学严谨、法律主体职责权利义务明晰确定,发展较成熟,有颇多值得借鉴之处。首先,合理明确的可再生能源发展目标是其他法律制度的前提和基础,给予德国可再生能源强劲的推动力。我国的总量目标现在是法律授权给国务院制定的,就中国目前的现实而言,没有法律约束力的政府规定往往会成为一纸空文。总量目标制度是可再生能源法的核心和关键,因此在尊重我国资源特点和技术水平的基础上,经过充分严格的科学论证和公民参与程序,我国应当及早制定有约束性的法律来明确可再生能源总量目标。其次,德国的可再生能源法律规范具有极强的科学性和可操作性,我国作为核心地位的《可再生能源法》还过于原则化,不具有可操作性。对于可再生能源补偿方式、补偿力度等重要问题应当在我国可再生能源法中有所体现。另一方面,我国地域辽阔,各地的自然条件差异很大,经济发展程度也不同。因此不可能制定如德国一样极为详尽的可再生能源法。建议在国家统一的发展目标、统一的制度规制之下,允许各地方根据本区域内可再生能源资源的分布和特点以及经济条件,确定适合本地发展的可再生能源地方性法规、规章。最后,在强制手段的选择上,各国选择不同的强制制度促进可再生能源发展,主要包括：强制购买制度、固定电价制度、绿色能源制度。就实效而言,德国可再生能源法所确立的固定电价制度强有力的推进了德国可再生能源的发展。建议我国在可再生能源发展初期,参照德国模式,以固定电价制为基础,同时辅以严格的入网监管,再结合其他经济激励政策,大力推动可再生能源的快速、稳定发展。
[Abstract]:China and Germany are both energy-consuming countries, and are also facing great pressure to safeguard energy security and maintain environmental safety. Renewable energy is domestic energy and clean energy as compared to fossil energy. The positive development of the renewable energy is beneficial to the improvement of the energy structure, the security of energy security and the protection of the ecological environment, and the sustainable development of the society. Both China and Germany attached great importance to the development and utilization of renewable energy, and adopted a variety of means to promote the development of the renewable energy law, and the legal means is one of the powerful means to promote the stable and rapid development of the renewable energy. Although China and Germany have a great difference in the area of land, population and political system, the Chinese and German Renewable Energy Law has a similar legislative idea. The similar legal tradition and the communication technology of China and Germany are also provided for the mutual reference of the Renewable Energy Law of China and Germany On the basis of the early start of the German renewable energy law, the legal index of the German renewable energy law is clear and specific, the legal norm is scientific and strict, the rights and obligations of the legal subject are clearly defined, the development is mature, and it is of great significance. It is worth the reference. First, the rational and definite renewable energy development goal is the premise and foundation of other legal systems, and it is given to Germany The strong driving force of the renewable energy. China's total target is now legally authorized to be formulated by the State Council, and there is no legally binding government in terms of the present reality of China The regulation of the total amount is the core and the key of the renewable energy law. Therefore, on the basis of respect for the characteristics and technical level of the resources of our country, it is necessary to develop the binding law in the early stage through the full and strict scientific demonstration and the citizen's participation procedure. The objective of the total amount of renewable energy is clearly defined. Second, the renewable energy laws of Germany have a very strong scientific and operational nature, and our country, as the core status, is the Renewable Energy Law. > It is also over-established and has no operability. The important issues such as compensation for renewable energy, compensation and so on shall be On the other hand, the region of China is vast, and the natural strip in all parts of China The difference is large, and the degree of economic development is different. Therefore, it is impossible to make such a difference. Germany, like Germany, is a very detailed renewable energy law. It is suggested that, under the national unity of development goals and the uniform system of regulation, the distribution and characteristics of the renewable energy resources within the region and economic conditions are allowed to be determined to be suitable for local development. In the last, in the choice of compulsory means, countries choose different compulsory systems to promote the development of renewable energy, which mainly includes: The system of purchase and purchase, the fixed price system and the green energy system. In terms of effectiveness, the fixed electricity price established by the German Renewable Energy Law The system has advanced the development of the renewable energy of Germany. It is suggested that in the beginning of the development of the renewable energy, reference should be made to the model of Germany, on the basis of fixed electricity price system, with strict network access regulation and other economic incentives.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D912.6

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