论中国风光发电设施公共地役权制度的构建OA

Under China's"dual carbon"and energy structure transformation goals,wind and solar power generation facilities face a practical dilemma characterized by the conflict between large-scale land requirements and insufficient land supply.Existing Chinese le-gal provisions offer two land acquisition regimes for expanding the scale of such facilities:statutory and consensual.However,these re-gimes either impose excessive land rights burdens on land suppliers,fail to provide stable land-use interests to facility owners,or over-look the public's capacity to benefit from renewable energy development.Consequently,none offers an ideal solution for securing the land scale required for such facilities.Public easement is a right based on public interest that empowers the state,the public,or public utility entities to require the owners of relevant real property to tolerate certain burdens.This study finds that public easement,as a re-gime for securing land use for wind and solar power generation facilities,can not only expand the scale of facility land use but also bal-ance the private interests of land suppliers and facility owners with the public benefits derived from renewable energy development.Thus,it represents an ideal institutional choice for acquiring land for wind and solar power generation facilities in China.To leverage the interest-balancing advantages of public easement in alleviating land supply-demand conflicts and to integrate this regime into Chi-na's legal framework,this study recommends that the construction of a public easement system for wind and solar power generation fa-cilities should encompass two dimensions:internal structural configuration and external legal expression.Regarding internal structural configuration,the system must address not only the static components—namely,subjects,contents,and objects—but also the dynamic mechanisms of creation,modification,and termination.In terms of external legal expression,given that China's public easement system for wind and solar power generation facilities possesses a hybrid public-private legal nature,this system should not be incorporated into the Civil Code of the People's Republic of China.In light of the forthcoming revision of the Renewable Energy Law of the People's Re-public of China,it is both necessary and feasible to uniformly regulate the public easement system for wind and solar power generation facilities in China within this legislation.