Research On The Legal System For The Transformation Of Duty Scientific And Technological Achievements

Over the years,the government has been issuing policies on the transformation of scientific and technological achievements,and the continuous implementation of various measures to promote the transformation of science and technology achievements,there are more and more function-related achievements in our country,but some accompanying problems are more and more prominent.It is mainly reflected in the lack of endogenous driving force the transformation of scientific and technological achievements the low level of industrialization of job-related scientific and technological achievements.In order to make the job scientific and technological achievements transformation work smoothly,we must establish the corresponding legal protection system.At present,our country takes "the Constitution" as guidance and other laws such as "the Act of Scientific and Technological Progress" and "The Act for Promoting the Transformation of Scientific and Technological Achievements" as main subjects and assisted by some relevant laws and strategy of the government and other relevant departments.It has basically formed a complete legal system to help optimize the legal system to be more appropriate to the actual situation.By investigating reality situation,our country conversion level is very low,which will seriously restrict the development of science and technology innovation if it can not be solved well.Therefore,to change the status quo,we need to improve the system related to the duty science and technology achievements transformation,and analyze the specific legal reasons leading to the lack of power in our country from five aspects such as power belonging,incentive security,value evaluation,risk control and dispute resolution.Therefore,to increase activity,policymakers need to optimize the system,and implement measures into the knowledge production and technological innovation in each post.The article explains the connotation of key words in our country,and defines its subject,object and legal relationship,and analyzes it in detail.Secondly,By studying the current situation of law,the paper puts forward that our system ignores the inventor’s personal interest,and can not solve the various problems in the legal system of transformation of scientific and technological achievements well,such as the property right is not clear,individual rewards are too low,the value of results is hard to estimate,and the risks of investment are too great.The dispute settlement mechanism is not sound.Then,through the analysis and discussion of the the promotion system of other countries is analyzed.By combing and comparing the systems of duty invention in the United States,Japan and Germany,it can provide some useful reference for further improving the incentive system of duty invention in our country,including: attaching importance to the protection of inventor’s interest,the reasonable distribution of the benefit of duty invention,the reasonable definition of remuneration,the independent intermediary organization and the training of talents.According to the above,this thesis will study how to divide the ownership of achievements and how to properly reward inventors of the post inventor,perfecting the post science and technology evaluation system,reducing investment risk and building dispute resolution system.