Research On Legal Issues Of Photovoltaic Subsidy Policy In China

In recent years,my country's photovoltaic industry has developed rapidly,accounting for more than 70% of the world's share,ranking first in the world,and is the supporting force of my country's energy transformation.Since China has not yet formulated a special legal document for the photovoltaic industry,the relevant issues related to solar photovoltaic subsidies,in addition to being regulated by the "Renewable Energy Law",are more subject to government policy adjustments.Photovoltaic subsidies are in the industrial development China plays a vital role.To promote the sustainable development of industry,it is necessary to improve relevant laws and policies.This article is mainly divided into three parts.The first part proposes the three legal issues studied in this article,that is,whether the existing photovoltaic subsidy policy conflicts with WTO rules,the necessity of subsidies and the feasibility of subsidy retreat,and how to apply the subsidy retreat policy Regulated by legal procedures.From the legal point of view,the second part uses the WTO rules and regulations on the main legal issues of photovoltaic subsidies,analyzes the subsidy regulations using WTO rules from the disputes caused by countervailing investigations,and summarizes the existing photovoltaic subsidy regulations in China from the law and facts.The possibility and risk of conflicting rules;using the legal basis and reality of subsidies to analyze whether subsidies are needed at this stage and the feasibility of subsidies going downhill,affirming the role of subsidies in environmental protection and resource allocation and the needs and subsidies for energy transformation Retreat slope should consider industrial development and market preparation;on the legal regulation of subsidy retreat slope policy,the application of the basic principles of due process of administrative law andadministrative openness and China's administrative decision-making should abide by public participation and formulate procedures for standardization According to the analysis,it is believed that the "531 New Deal" has shortcomings and has not been released for comment.The third part is about the thinking and suggestions of China's photovoltaic subsidy policy.For the risk of conflict with WTO rules,China should improve the photovoltaic subsidy legal system and strengthen the connection with existing rules: formulate the "Renewable Energy Subsidy Implementation Regulations",the system Standardize the application of subsidies,expand the scope of photovoltaic subsidies,and establish a competition mechanism;the subsidy retreat is imperative.China should make various policy preparations for subsidy retreat,focus on the coordination of subsidy types,and increase research and development and consumer subsidies.To enhance industrial competitiveness,establish a subsidy withdrawal system and specify the time limit for subsidies;scientifically and rationally formulate subsidy policies,make good plans,and strictly abide by the statutory procedures for administrative decision-making.