중국 재생가능에너지법의 최신동향 및 입법과제

Abstract

China's State Council enacted the Law of Renewable Energy of the People's Republic of China on January 1, 2006. This law is not only a legal guarantee to promote the development of renewable energy sources in China but has also had a positive influence internationally. The Law of Renewable Energy establishes five basic legal systems -overall objectives, peremptory grid attachment, differentiated electricity pricing, fee apportionment and special foundation. Based on these five systems, the Law forms a well-functioning legal and policy system to bolster the development of renewable energy, particularly for use in power generation. At the same time, China has made progress in implementing important legal systems, rules and regulations and this has given a boost to the development and utilization of renewable energy, contributing greatly to alleviating the shortfall of resources and the efforts to combat climate change. At the same time, some problems popped up during the implementation of the Law of Renewable Energy. The development, utilization and planning of renewable energy is out of line with the overall planning of energy, electricity and power grids; the systems of peremptory grid attachment and full acquisition of renewable energy are difficult to impose; the additional allocation method for pricing of electricity from renewable energy is irrational. Therefore, based on post-enactment assessment, the Commission of Environment and Resources of the National People's Congress put forth a proposal to modify the Law of Renewable Energy, including introducing overall planning, combining market configuration and governmental macro control, guaranteeing the unified use of governmental subsidies and establishing a renewable development fund managed by the government. The protective full acquisition system for renewable energy is the biggest bright spot in this modification to the law. On December 26, 2009, the 12th session of the Standing Committee of the 11th National People's Congress passed the proposal of modifying the Law of Renewable Energy.