Research On Legal Issues Of Property Right Reform Of University Science And Technology Achievements

At the end of 2018,the State Council expanded the scope of scientific and technological achievements in the role of the pilot system of mixed ownership reform,which opened the prelude to the reform of the property rights of scientific and technological achievements in China’s universities.Ownership,income and disposition power are the main contents of the basic connotation of the scientific and technological achievements of colleges and universities,and also the core of the new round of university science and technology system reform.By combing the reform process of the ownership,disposition and income rights of scientific and technological achievements in colleges and universities and the current legal provisions,it is found that the ownership of scientific and technological achievements in colleges and universities has unreasonable ownership,the right of the person to dispose of the results cannot be implemented,and the government intervention power is not involved.The subject and the intervention conditions are clearly defined.As a result,there is no actual case in the practice of government involvement in the transformation of scientific and technological achievements in the university,and the result is that the person who completes the claim of reward and remuneration after the result of the transformation does not have the right to control the income and The content of rewards and rewards for the completion of achievements in China is relatively simple.As a result,the motivation of the invention and creation of scientific research personnel and the enthusiasm of participating in the transformation were severely curbed.As a result,the scientific and technological achievements of most universities were shelved,resulting in a low conversion rate of results.In order to change this situation,Southwest Jiaotong University’s ownership of scientific and technological achievements is a mixed ownership reform,mainly to decentralize the ownership of scientific and technological achievements to the completion of scientific and technological achievements,in order to mobilize the enthusiasm of scientific and technological achievements to achieve people’s participation in transformation.It sorts out the stipulations of ownership of scientific and technological achievements,government intervention rights and income rights in universities in the United States,Japan and Germany,and provides practical directions for the reform of scientific and technological achievements in China’s universities.Coase Theorem and Posner’s Theorem in law and economics can provide theoretical basis for the completion of the property rights decentralization of scientific and technological achievements in colleges and universities,and vigorously promote the ownership of mixed scientific and technological achievements.The completion of the results has the right to decide on the transformation of scientific and technological achievements according to the proportion of shares.The main body and intervention conditions of the government’s right to intervene are clarified,and the right of the recipient and the university to agree on the distribution of income is given,and the scope of the achievement of the person’s income is expanded,so as to speed up the transformation of scientific and technological achievements of the university and promote the accelerated realization of the innovative country.