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Photovoltaic pain: Whose sun is the wind?
Local governments may consider the benefits of industrial development more, but they do not take into account the responsibilities of the legislation. [Background] The Heilongjiang Provincial People's Congress Standing Committee's "Regulations on the Detection and Protection of Climate Resources in Heilongjiang Province" (hereinafter referred to as the "Regulations"), which was reviewed and approved by the Standing Committee of the People's Congress of Heilongjiang Province on June 14, requires that enterprises to detect and develop wind and solar energy resources must be approved by the meteorological department and detected. The resources that come out are owned by the state. Heilongjiang used the ninth article of the Constitution to demonstrate the rationality of its legislation. According to Article 9 of the Constitution, “mineral resources, water, forests, mountains, grasslands, wasteland, tidal flats and other natural resources are all owned by the stateâ€. This regulation immediately triggered public opinion after it was announced. Some people think that this is just a monopoly of the state department. There are also views that this move limits the abuse of climate resources by companies to reduce the damage caused by climate disasters. Does the development of solar energy and wind energy really affect the climate? Does wind energy and solar energy have to be nationalized? Dr. Jin Jinwen, a professor at the Institute of Economics of the Chinese Academy of Social Sciences, believes that from an economic perspective, resources have different types. Oil, coal, forest, land, etc. all have fixed characteristics, while wind, light, rain, and tide are the resources of mobility. The biggest characteristic of liquid resources is that the boundary is difficult to determine, including wind direction and flow direction. Article 9 of the Constitution stipulates that “mineral resources, water currents, forests, mountains, grasslands, wastelands, tidal flats and other natural resources are all owned by the stateâ€. Jin Jinwen believes that wind energy and solar energy can of course be “waitâ€. In the scope of the inclusion, but the local people's congress did not explain the power of the constitution, the constitutional interpretation power is only in the highest legislative body of the National People's Congress. Jin Jinwen believes that the relevant departments of Heilongjiang have promulgated this regulation, and it can be seen that the government wants to regulate the industry. However, from the point of "taking solar energy and wind energy into the state," the government may have deviations in the expression of meaning. The Heilongjiang provincial government may have more consideration of the benefits brought about by the development of this industry, but did not take into account the responsibilities of adopting legislation. Jin Jinwen said that once this regulation is enacted, the government will assume corresponding responsibilities. In other words, if there are disasters related to wind energy and solar energy development in the Heilongjiang region, it is up to the government to be responsible at this time. Because wind and solar energy are natural resources, they are transformed into an asset through legislation, which is valuable and belongs to the economic and social spheres. This may be neglected by the legislator. And if it really causes a huge disaster, if someone asks for a claim, this responsibility may be very large, and may even be so large that the local government may go bankrupt. Jin Jinwen believes that regulations like the Heilongjiang government will not appear again in other places.