The Research On Government Science And Technology Management Legal System

Now the society is an open competition society, our country is in the world structure, faces the challenge and the opportunity, the international society competition essence is the economic competition, but the economic competition key is the technical competition, technical development cannot evolute spontaneously, we need initiative to carry on the institution management to the technical activity to promote the science and technology continue develop, then guaranteed our country to be"mainbody China"appears in the entire world dialogue and cooperation.Firstly, we obtain from the government science and technology management basic theory, according to the government science and technology management comprehensive, regulatory and the service basic characteristic, sums up system administration, the nimble management, rule of law management, harmonious management, power management principle in the government science and technology management. The connecting pipe Neo-Confucianism system theory and the legal science adjustment theory, must construct the construction take the technical benefit harmony as the logical beginning, take the technical right to development as the center, take technical resources sustainable use as goal system government science and technology management legal system.Secondly, comparative research on the overseas technical management legal system, obtains four enlightenments in the developed country government technical management legal system, namely base on native characteristic, point in legal system construction, strengthen the high-tech legislation, the legal system movement content leader high, main body harmonious, management different, policy-making specialize, participation democracy. Because of the system lag, the main body barrier, the characteristic insufficient, technical culture flaw and so on, Our government science and technology management law system presents the disperser anti-in and movement not smoothly then the influence science and technology continues to develop.Third, in the effective technical management, the rule of law technical management, balance technical management and contineous develop technical management idea direction, constructs and moves the government science and technology management law system reveal necessity. We take the government and the market tensity as foundation, from the technical relations main body, the technical activity market rules and regulations, the technical activity macroeconomic regulation and control and the technical activity continues to develop four angles, constructs the government science and technology management legal system. Respectively, they are technical relations main body legal system, technical management market regulations legal system, technical management macroeconomic control legal system, technical management sustainable development legal system, these four kind systems contact closely, making up whole government science and technology management legal system. The good legal system only through the movement, can standard and impetus society development. Government science and technology management legal system movement is a process which the multi-essential factors mutually affects, we think the main body, procedure, responsibility and relief are the four essential factors in legal system effective movement. Government science and technology management legal system practice from the government science and technology management many kind main bodies maintenance, strict procedure regulations, reasonable responsibility undertaking and the technical right infringement comprehensive relief. Utilizes the administrative procedural law draft and the administrative public welfare lawsuit theory in the government science and technology management legal system movement research For the first time.The full text fall in the Hubei government science and technology management law system research, take"one big","two entire","three especially"and"four presses"as consummation government science and technology management law system the mentality, and points out the key consummation is main body law system, the techniques market control system, the technical achievement control system, the technical investment control system, the technology resource management system. Finally, sums up the Hubei Province government science and technology management law system implementation"four groups of eight countermeasures". Namely strengthens the government science and technology management cooperation exchange, enhances the technical management main body behavior potency; Cultivates new technical society intermediate main body, sharpens the technical society intermediate main body capacity; implement rule of law management in science and technology, increase government science and technology management continueous development ability; attend science and technology cultural reconstruction, promote public science and technology law consciousness.