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In order to achieve the goal of carbon peaking and carbon neutralization, we must vigorously develop renewable energy. As one of the important renewable energy sources, the development and utilization of biomass energy has a high cost, and it is difficult to compete with traditional fossil energy in the early stage of development. Therefore, it is necessary for the government to escort the development of the biomass energy industry through legal means. First of all, on the basis of fully analyzing the development prospects of China's biomass energy, the article sorts out the laws and regulations related to biomass energy in China, and finds the shortcomings. Secondly, this paper draws on the institutional experience of the United States, Brazil, Sweden and other countries with relatively developed biomass energy industry, and provides suggestions for improvement from three aspects: law, policy and administrative system, with a view to supporting China's development of biomass energy industry and realizing the "dual carbon target" theoretically. [ABSTRACT FROM AUTHOR]