Research On The Legal Issues Of The Wind Curtailment In Wind Power Industry

In recent years,China has vigorously developed clean new energy sources and adjusted its energy structure.However,in the new energy sector,there has been a large number of discarded winds..According to the statistics,China's electric quantity loss of wind curtailment reaches 174.8 billion KWH from 2011 to 2017,which equates to a electricity loss of CNY 101 billion.China's "Renewable Energy Law"clearly stipulates a full-scale guaranteed acquisition system,renewable energy including wind power has preferential access to the Internet.However,the rate of abandoned wind has remained high,and the author tried to use the relevant laws The theoretical basis is to study the legal issues behind "discarding the wind" and to design a systematic plan for solving the "discarded winds" to restore direct economic losses and promote the healthy and sustainable development of the wind power industry.The paper teases out the status quota of the wind curtailment in China's wind power industry.It explains the gravity of the situation of wind curtailment with the intuitive statistical data.Then,the legal practical theory is used as a tool for legal analysis to analyze the causes of the problem of "disappearance".Finally,using the theory of property rights,the theoretical basis of economic law and the reference to successful experiences abroad,it provides a corresponding legal response to solve the problem of "discarding the wind".Specifically,we have to strengthen our legislation,establish mandatory rules and improve the economic incentive system in legislation.We also have to distribute the regulator's responsibilities reasonably,enforce independent surveillance,introducing the administrative accountability system and strictly regulate administrative law enforcement.We have to explore a diversified dispute settlement mechanism on energy,increase causes of action in energy lawsuit and determine the exclusive jurisdiction in energy lawsuit in judicial system.We have to strengthen the legal awareness of concerning subjects,perfect the mechanism of green public participation and enhance the institutional building of energy credit in law-abiding aspect.In addition,at this stage,China's wind power still does not have the conditions to fully rely on the market mechanism to promote its development.It is necessary for the state to use the concept of economic law to strengthen the development of a reasonable system to cultivate and establish a market mechanism for the wind power industry.We should enact the quota system of renewable energy and the supporting green certificate trading system will be launched as soon as possible,and the administrative method and market-based measures will be used to promote the healthy development of the wind power industry.