Research On China’s Foreign-related Technology Transfer System From The Functional Perspective

In today’s international competition,science and technology are playing an increasingly important role,and the foreign-related technology transfer system is very important for the formation of innovative capabilities in technology-lagging countries.Although in some areas,the technological gap with developed countries has been narrowed,leading and even leading,but on the whole,there is still a large gap between China’s technological level and the international advanced level.Because of this,China has proposed an innovative The long-term goal of the country.The foreign-related technology transfer system has the important function of ensuring the smooth progress of transnational technology transfer activities and enhancing the domestic technology and independent innovation capabilities.However,China’s foreignrelated technology transfer system has been frequently questioned by developed countries in recent years.The implementation has had a negative impact;at the same time,China’s current system design failed to match the new requirements in the new situation in time,resulting in poor implementation of the function of enhancing the country’s technological level and independent innovation capabilities.In view of this,this article takes the institutional function as the perspective and takes the full play of the institutional function to serve the goal of building an innovative country as the main line.It studies the foreign-related technology transfer system in my country in four parts.The first is the research on the basic structure,theory and function of foreign-related technology transfer system.Foreign-related technology transfer activities refer to commercial activities with technology transfer as the content between parties located in different countries.The right of technology and the protection of this activity are its premise and basis.The "Contract Law" is the main basis for this activity.This activity is a part of foreign trade and is often combined with investment behavior.It should also be subject to laws and regulations in the field of foreign affairs.At the same time,competition law,dispute resolution law,and related industrial policies will also affect this activity.Based on the understanding of the commercial nature of technology transfer activities,many theories have been born in this field at the micro and macro levels.These theories have also profoundly influenced the formulation of a country’s foreign technology transfer system.The function of foreign-related technology transfer is the ultimate goal pursued by each country’s foreign-related mechanism transfer system.Its content is the smooth progress of transnational technology transfer activities,and the second is to enhance the country’s technological level and innovation capacity through this activity.All relevant foreign-related technology transfer systems are designed.It is around these two functions.The second is to conduct a standard analysis of the current situation of my country’s foreign-related technology transfer system and study the specific purpose of the system design.At the level of domestic law,China does not have uniform laws and regulations on technology transfer,and the relevant standards are scattered among various laws,regulations,government policies,and administrative requirements.At the level of international law,there are no unified multilateral international legal rules and related activities.Mainly rely on WTO legal rules adjustment,and supplemented by bilateral(regional)treaties.Based on the domestic and foreign situation at that time,my country’s system was established with the purpose of "market for technology" to encourage and guide foreign parties to transfer technology and protect domestic enterprises through system design.Again,retrospectively analyzed the functional effectiveness of China’s foreign-related technology transfer system,and found that these systems did play a role in introducing advanced foreign technology to promote China’s economy and technological level;but objectively also caused China’s core technology shortage and high foreign technology dependence The consequences of this have been frequently questioned by developed countries in recent years,hindering the development of China’s foreign-related technology transfer activities.When analyzing the reasons for the poor performance of the system,it is found that China’s current foreign-related technology transfer system has not violated international obligations.The accusations of developed countries are not fair,but it has sounded the alarm for our country;while the design of China’s current system has not Matching with the new requirements under the new situation,there are shortcomings such as the internal concept has not been updated in time,part of the norms have not been modified in a timely manner,there is a lack of systematic system for granting personnel,legal norms,and gaps and conflicts.Finally,as the conclusion of the full text,some suggestions for my country’s development of foreign-related technology transfer system are given.China’s foreign-related technology transfer system should update its internal concepts in a timely manner,from the pursuit of "quantity" to the pursuit of "quality",and expand open cooperation and innovation "to introduce competition to promote competition";Conflicts and timely revision of possible disputed norms;distinguish legislation based on different attributes of trade and investment;it is advisable to improve the technology transfer rules in bilateral(regional)treaties at the level of international law,and promote the negotiation of international rules for technology transfer with the concept of "community of human destiny" With the formulation,technology can flow freely in the world like goods and services.