On Law On Promotion Of Scientific And Technological Innovation

In view of the overall situation of the rule of law construction in science and technology,the legislation of science and technology in China is not synchronized,coordinated and effective in promoting the development of scientific and technological innovation.Combined with the deployment schedule of the top-level design and planning of scientific and technological innovation in China,the major strategic goal of building an innovation-oriented country and the requirement of building the new whole nation system of scientific and technological innovation,it is necessary to investigate the current situation of legislation on promoting scientific and technological innovation in China,and on this basis,discuss the preferred means of promoting scientific and technological innovation in China,and explore the legal construction path of promoting the development of scientific and technological innovation in the future.At present,the concept of “science and technology law” can not accurately respond to the requirements of the new era of science and technology legislation.“Law on promotion of scientific and technological innovation” is a new concept,which is an objective expression of the development trend of science and technology legislation in the new era.The focus of the legislation of science and technology has changed from science and technology law to law on promotion of scientific and technological innovation,which is the inevitable reflection of the change of focus of the legislation of science and technology in the new era.Law on promotion of scientific and technological innovation is the sum of legal norms regulating the social relations formed by the government in the process of promoting scientific and technological innovation,it mainly prescribes the objectives and basic principles of the government in promoting scientific and technological innovation,and the functions and basic means of the government in promoting scientific and technological innovation.Law on promotion of scientific and technological innovation has the basic characteristics of foresight,advance,professionalism,stage and incentive,it embodies the compatibility between the function of facilitation legislation and the development of scientific and technological innovation.The basic principles of this law are market-oriented and government-guided principles,benefit principles and coordination principles.The policy tendency of legislation of promotion of scientific and technological innovation in China has caused many negative effects.On the one hand,the policy of legislation of promotion of scientific and technological innovation is not conducive to the realization of legislative purpose;On the other hand,the policy of legislation of promotion of scientific and technological innovation,which leads to the ineffectiveness of the policy of scientific and technological innovation itself.Through the investigation of the legislative origin and the composition of the legislative content of the law on promotion of scientific and technological innovation in China,it is found that the deficiencies of the current legislation technology of promotion of scientific and technological innovation in China are mainly reflected in three aspects: firstly,the legislation of promotion of scientific and technological innovation has not been systematized;secondly,there is less synergy between laws and regulations;thirdly,the legislation process of promoting of scientific and technological innovation at the central level lags behind.Due to the law on promotion of scientific and technological innovation in China has defects in its internal system,its legislative form needs to be optimized,and its promotion means need to be legalized,it is necessary to formulate the “Law on Promotion of Scientific and technological Innovation” under the framework of the current “three laws on science and technology”.The legislative modes of the law on promotion of scientific and technological innovation are divided into decentralized legislative mode and centralized legislative mode,responsive legislative mode and pursuant legislative mode.By inspecting the specific practice of legislation of promotion of scientific and technological innovation in various countries,representative countries that adopt decentralized legislation mode include the United States and South Korea,and representative countries that adopt centralized legislation mode include India and the Philippines.Due to the change of social and economic development,the promotion of scientific and technological development level,the improvement of legislative technology and other factors,the above two legislative modes have the possibility of mutual transformation.Currently,Japan is a representative country that has realized the legislative mode transformation.On the basis of weighing the advantages and disadvantages of the two legislative modes and considering the national conditions in China,the centralized legislative mode is selected as the optimum legislative mode for the law on promotion of scientific and technological innovation in China.The orientation of department law of law on promotion of scientific and technological innovation can be understood from two aspects: firstly,law on promotion of scientific and technological innovation is an important part of industrial policy law;secondly,law on promotion of scientific and technological innovation is the core composition of science and technology law.The government plays an important role in promoting the internalization of positive externality of scientific and technological innovation achievements and enhancing the international competitiveness of scientific and technological innovation.The government’s promotion functions of scientific and technological innovation are mainly reflected in market regulation,state investment and management,and macro guidance and regulation.In the activities of promoting scientific and technological innovation,the government undertakes the roles of the planner of scientific and technological innovation,strategic participant of scientific and technological innovation,sponsor of scientific and technological innovation,the service provider of scientific and technological innovation,builder of the culture of scientific and technological innovation,and guarantor of scientific and technological innovation system.These six roles can be established for both the central government and the local government,which also indicates that the central government and the local government have the same functions in promoting scientific and technological innovation.However,due to the differences in financial power and administrative power between the local government and the central government,it is inevitable that they have different functions in promoting scientific and technological innovation.This difference is reflected in the following aspects: firstly,the central government and local government have different power points in the promotion function of scientific and technological innovation;secondly,the central government and local government have different interest driving in the promotion function of scientific and technological innovation;thirdly,the central government and local government have different affordability in the promotion function of scientific and technological innovation.In addition,under the background of “new whole nation system of scientific and technological innovation”,the government’s function of promoting scientific and technological innovation has been renewed,that is,the government directly participates in scientific and technological innovation activities to promote the integrated innovation of national strategic scientific and technological forces.Looking back on the implementation feedback of China’s science and technology Law and the long-term work of science and technology,many institutional and legislative problems related to promoting the development of scientific and technological innovation lie before us and need to be solved urgently.The specific composition of the promotion system of scientific and technological innovation should include planning system,subsidy system,preferential tax system,reward system and so on.In addition,for the purpose of strengthening the internal system of the law on promotion of scientific and technological innovation in our country,the system optimization can be carried out in such aspects as establishing an evaluation system of scientific and technological innovation talents with innovation ability as an important index,perfecting the incentive and guarantee system of female scientific and technological personnel,and establishing a regional scientific and technological innovation collaborative mechanism with distinctive characteristics and complementary advantages.In order to further propel the standardization,scientization and systematism of work of promoting scientific and technological innovation,the keynote setting and framework of “Law on Promotion of Scientific and Technological Innovation” are proposed on the basis of maintaining the integrity of the horizontal and vertical structure of China’s science and technology legal system.