Addressing Challenges in Implementing Legislation for Scientific and Technological Innovation -A Case Study of China’s Law on Science and Technology Progress-

서지정보

· 발행기관 : 한중사회과학학회
· 수록지 정보 : 한중사회과학연구 / 21권 / 4호 / 320 ~ 355페이지
· 저자명 : 이지병, 朱 福勇

초록

Under the strategic layout of promoting innovation-driven development in an all-around way, the Law of the People’s Republic of China on Scientific and Technological Progress stands as the basic law in the field of scientific and technological innovation. It should exert a significant influence on the advancement of scientific and technological progress, safeguarding intellectual property, and facilitating exchanges and collaborations in this domain. By studying the recently revised Law of the People’s Republic of China on Scientific and Technological Progress, analyzing the “five dimensions” of the clauses of the law, such as declarative clauses, empowering clauses, advocacy clauses, directive clauses, and semi-soft law clauses, it becomes evident that the law’s soft attributes give rise to Symbolic Legislation, Judicial Deviation, and incongruities within the legislative system, ultimately undermining its implementation effectiveness. expand the scope of scientific research rights, revamp the mechanism for propelling technological innovation, and adopt an approach of “research rights-mandatory obligations.” Equally important is the refinement of judicial adjudication methods, involving the transition of declarative clauses from “simple response” to “interest measurement,” the evolution of advocacy clauses from “declarative advocacy” to a “responsibility basis,” and the collaborative application of empowering and semi-soft law clauses alongside subordinate regulations. Simultaneously, harnessing contemporary scientific and technological tools to enhance the rule of law system is of utmost significance. Firstly, optimize the scientific and technological law database and establish a robust “legislative system” platform, bolstering the unity of the legal structure governing scientific and technological innovation. Concurrently, harness digital intelligence technology to broaden the reach of information dissemination and enable targeted intelligent delivery. This approach ensures effective legal communication, fosters a deeper understanding of the principles of the scientific and technological rule of law, and fosters an environment conducive to the culture of the scientific and technological rule of law.

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