| Ever since 1978,when China was experiencing the transition from the planned economy to the market-driven economy,China's legal system has also reaped unprecedented success.However,just as there are such contrasts as prescriptivism and factualism,so is there such a tension between scientific growth and the legal consciousness of research personnels in the field of science and technology(abbreviated as “ST”).The impact of national law upon the implementation of technological progress lies in the very fact that the latter has made great contribution to scientific growth and social transformation.The paper aims at making a study of the legal consciousness among research personnels and further adjusting their acts from “legal Introspection” in an effort to further promote the growth of legal consciousness among research personnels.The past research on legal consciousness has offered some implications in what follows: First,is the legal consciousness based on the subjective mentality of the subjects affected by external factors? How is it affected? Second,what role does legal actions play in the internal and external dimensions of legal consciousness? How important are they? Third,from legal sociology perspective underlying legal diversification,is there a similar schema? In what ways are they connected? Fourth,how does legal consciousness in social life affect social order and scientific and technological growth?The past research of legal consciousness focused on nomology and socio-psychology.As human society advances,there is a research tendency towards legal sociology.This research is based on the internal dimensions of nomology,the external dimensions of socio-psychology,the space theory in legal culture study and legal diversification theoretical research of legal sociology.We attempt to formulate the hypothesis schema of legal consciousness which include internal and external dimensions and action awareness.We hope to summarize the characteristics of the research personnels' legal consciousness by describing the interactions among various elements and to set up the legal model.This schema include the internal dimensions of the research personnels' legal consciousness(legal cognition,legal affections,and legal appraisal)and external dimension(resources-driven,institutionalized and translational).Both dimensions are interwoven and also the manifestations of the legal action awareness of the research personnels.In the process of doing this research,we made a theoretical and substantial analysis of the schema of the research personnels' legal consciousness after the three external factors in scientific and technological fruits transfer has been determined,that is,productive resources,transaction systems and translational space.In this connection,we divided legal consciousness into three types: internal availability,external rebellion and conventional evasion.We have every reason to believe that our current practice-based research model which incorporates various factors and make good classifications differs sharply from those traditional models on legal consciousness in that the former is not only an objective account of the real spiritual word based on legal practices,but also a brand-new exploration of legal consciousness by virtue of legal sociology.This paper has six chapters.Chapter 1 is an introduction to the significance of this study,the methodology of legal consciousness and the research approach of this paper.Chapter 2: Based on the legal sociology turn in ST innovation sphere,we put forward the legality involved in ST fruit transfer as well as the “interactive schema” of legal consciousness.Also,we introduced in much detail the research approach which external factors are incorporated into the study on legal consciousness.Chapter 3: A survey was conducted on the internal dimension of legal consciousness that research personnels has developed.Then,by analyzing the cumulative factors of research personnels and intellectual property legal identity,we summed up the internal availability and legal construction of research personnels.Chapter 4: A survey was conducted on the internal dimension on legal consciousness when research personnels are under institutional constraints.With such research on legal system on public rights,role shifts and transactions prediction under laws,we summed up the legal rebellion among the research personnels as well as its legal construction.Chapter five: We looked at the scientific atmosphere for research personnels in technological transformation.Against the background of “micro-politics”,traditional law culture and modern law administration,we summed up the conventional evasion as well as its legal construction.In Chapter 6,a conclusion is drawn based on the above discussions and analysis.Meanwhile,the research deficiencies and shortcomings are pointed out for further research.Based on the three factors,namely,productive resources,transaction system,and translational room,we conclude that internal availability,external rebellion and conventional rebellion show their respective schema characteristics.As a whole,the striking characteristics of research personnels' legal consciousness are: In the internal dimension,it is characterized by high-level,non-hierarchy,attribute differences;in the external dimension,it is characterized by integration and mutual convertibility.In the interactions in both dimensions give rise to aberration behavior.Legal consciousness can either be positive or negative,with the positive one in the predominant position.The emergence and application of research personnels' legal awareness contributes in a large measure to scientific and technological progress in terms of its social order.It also shows the interaction between laws and ST transfer.Its legality in ST fruit transfer is build upon the following factors: Legal awareness and ST fruit transfer come into play,thus providing support for the hierarchy among research personnels.Civil law norms co-exist with the state laws when public rights prevail over private rights,thus helping to shape the legal consciousness of research personnels.Legal consciousness has an external binding on grassroots organizations and traditional culture,and regulates the behavior of the research personnels. |
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