A Study On The Legal System Of China’s New Energy Industry Subsidies

"Energy is crucial to a country, concerning its survival or extinction." Since the reform and opening-up, china’s economy has developed rapidly, but in the meantime, its dependence on traditional energy has become higher and higher. However, traditional energy is non-renewable, and its damage to environmental resources has also become increasingly serious. To protect the environment, build ecological civilization, and realize the sustainable development of economy and society, China has started to transform the traditional energy industry to modern energy industry and new energy industry. In view of the high cost, high investment and high risk of new energy industry, the country need give support to new energy industry by way of subsidies, etc. In recent years, our country has introduced many subsidy policies for new energy industry and achieved some results, but there are still lots of problems, such as shortage of legislative regulation for new energy subsidies, a narrow range for fiscal subsidies, single subsidy links, and delayed subsidies, etc. According to the energy status of the new industrial policy of fiscal subsidies in developed countries, China’s new energy industry combined with lack of financial subsidies, fiscal Subsidy policies of new energy industry development in urgent need of improvement. In view of this, a further study should be made on how to reference the developed countries’ legal system for subsidizing new energy industry, for the establishment and improvement of China’s legal system for subsidizing new energy industry.Theme of the study is how the new energy industry subsidies effectively promote the development of new energy industries. This paper mainly carries out a study on the legal system for subsidizing new energy industry from the following aspects:Firstly, it expounds the related concept of the subsidies for new energy industry, on which basis it makes a study on the theoretical basis for the subsidy system for new energy industry.Secondly, the United States and the European Union as the representatives of the developed countries, they take a lot of special measures to protect their own new energy Industry. They have sound new energy Industry subsidies legislations, advanced system designs and operating rules. For these countries to use the new energy industry subsidy system were analyzed and compared situation. By summing up the experiences and practices of the countries, Identify gaps in China’s new energy industry to improve the existing subsidy system, and puts forward the questions of China’s new energy Industry domestic support system, such as the support system is imperfect, the legal system is not perfect and the supporting mechanism is not perfect and so on problemFinally, the paper makes some concrete suggestions on how to improve China’s legal system for subsidizing new energy industry, such as defining the principle of the subsidies for new energy industry, perfecting the legal norms of the subsidies for new energy industry, linking well up with WTO’s subsidy rules, enhancing the transparency and pertinence of new energy subsidies, defining the scopes and standards of the subsidies for new energy industry, and improving the supervision legal system for the subsidies for new energy industry, etc.Author chose this topic as a thesis topic, aims to study comparative law and legal systems of the status quo of China’s new energy industry subsidies were studied.