近年海峽兩岸均高度重視能源結構轉型升級,旨在通過專門化立法等方式來優化可再生能源配比,以期實現低碳綠能轉型。縱觀海峽兩岸能源轉型歷程和路徑,均與可再生能源發展緊密關聯。目前海峽兩岸均已形成一套較為完備的可再生能源法律體系,但針對該領域的研究較少,為此,本文嘗試以比較研究的方法分別從靜態與動態兩個角度,綜合運用比較研究、規范研究、實證研究等方法論對海峽兩岸可再生能源法律制度作探討與研究。回望海峽兩岸可再生能源法律制度制度群,海峽兩岸在并網制度、可再生能源基金、保障性收購、價格管理、補貼機制等核心制度中都呈高度相似特征。雖然在制度細節層面存在諸多不同配套規定,如附加電價征收、并網成本分攤、收購合約時限等,但總體上以對FIT模式進行修正而展現出來的制度趨同化脈絡清晰可辨。在具體實踐中,海峽兩岸均于2017年建立綠色電力交易證書制度,以嘗試推動自愿性認購市場的發展。亦面臨部分共性問題,如可再生能源發展激勵機制、基金缺額、競標引入、推廣綠色電力交易證書制度等現實性挑戰。通過比較研究發現:海峽兩岸可再生能源法律制度存在趨同化現象;海峽兩岸修法的制度選擇與路徑依賴接近;我國臺灣地區的實踐提示我們需加強制度引進的甄別和改良,制度吸收需借鑒本土資源;我國臺灣地區集智立法路徑值得學習研究,尤其是可再生能源法這類技術性較強的法律制度更應充分吸納專家學者建議;應注重強化具有可達性的公眾參與機制的建設。

In recent years,cross-strait attached great importance on the transition and upgrading of energy structure,aiming at promoting and optimizing the ratio proportion of renewable energy through specialized legislation to achieve low-carbon green energy transformation. Throughout the energy transformation process and path of cross-strait,we found that they are both closely related with the development of renewable energy. At present,cross-strait have already formed a relatively complete renewable energy legal system,but less research has been carried out in this field,which is not conducive to the mutual learning of cross-strait in the field of renewable energy law system. To this end,this paper attempts to comparatively analyze the above problems from static and dynamic perspectives,discusses the research on the legal system of renewable energy on cross-strait by comprehensively using comparative research,normative research,empirical research methods. Looking back on the renewable energy legal system between cross-strait,they have highly similar features in the grid connected system,renewable energy funds,guaranteed acquisition,price management,subsidy mechanism and other core systems. Although there are many different supporting stipulations in the detail level,such as additional renewable energy tariff,grid connected cost sharing,purchase contract time,etc. But in an overall view they are both based on the evolution of the FIT model,and the assimilation tendency is very obvious. In practice,cross-strait both have been established green power transaction certificate system in 2017,in order to promote the voluntary subscription market development. Cross-strait also face some common problems and realistic challenges,such as renewable energy development incentive mechanism,fund shortage,introduce auction system,promotion of green power transaction certificate system and so on. Through the comparative study,we found there is an assimilation phenomenon in the legal system of renewable energy on cross-strait. The system choice and path of legal modification are similar. Taiwan’s practice suggests that we should strengthen the screening and improvement of system introduction,the legal system improvement needs to absorption the native resources. The Taiwan intellect gathering legislation path is worthy of study; especially in terms of the renewable energy law which is more technical,we should fully take the recommendations of experts and scholars and also should focus on strengthening the construction of a public participation mechanism of accessibility.