Research On The Problem And Perfection Of China’s International Technology Transfer Legal System

As an important resource of the international community today,technology has become an important target for competition among countries.Anyone who has mastered advanced technology will have the initiative to develop.Technology transfer is one of the important ways for a country’s technology development,especially for developing countries.The legal system of international technology transfer is the code of conduct and legal basis for a country’s international technology transfer,A legal system of international technology transfer that is suitable for national development reality and development needs can help a country’s technology development and progress.With the development of the socialist market economy and the development of high-tech,China has made great progress in 5G,automobile manufacturing,aircraft manufacturing,high-speed rail and other technical fields,and even in some areas is in the leading position in the world.Therefore,on the one hand,China’s legal system of international technology transfer based on the policy of "market for technology" in the past has not met China’s actual development and development needs in some aspects.In addition,After years of development practice,it has been proved that some of our old systems have not played the role of introducing advanced technology to realize our technological development,but have opened our market to foreign capital;On the other hand,the developed countries,based on their fear of the rapid development of China’s scientific and technological strength,have increasingly suppressed China’s technology.They are eager to decouple China’s technology development from the world.One of their important means is to use China’s international technology transfer legal system to attack.This shows that China’s old technology transfer legal system has its shortcomings and does not conform to the development of the times,And it is necessary to improve it to serve China’s technological and economic development.Through normative analysis,case analysis,literature research and other methods,it can be seen that China’s international technology transfer legal system as a whole has a legal system with unclear core concepts,no unified coordination,general and absolutely correct provisions on prohibition of compulsory technology transfer,lack of definition of types of requirements and exception rules on prohibition of technology transfer The current technical improvement clauses are prone to fall into the situation of exclusive technology grant back,and there are five major deficiencies and can be improved,among which DS542 case,DS549 case,Merrill Ring Forest LP v.Canada case,Mobil Investments Canada Inc v.Canada case are supplemented for analysis,evidence and discussion;It also demonstrates the necessity of improving China’s legal system of international technology transfer from the facts,that is,from China’s actual development and development needs,it is proved that some of the past systems cannot meet the needs of China’s current technology transfer and technological progress,and the implementation effect of the old legal system of international technology transfer proves that it cannot achieve the expected technological progress effect of China The development trend of the legal system of technology transfer in the international community has driven China to further expand its opening up,sign bilateral or multilateral trade or investment agreements with other countries to include technology transfer clauses,and the general technology decoupling strategy adopted by developed countries such as Europe and the United States to safeguard their own hegemony,which has accelerated the improvement process of China’s legal system of international technology transfer.Finally,on the basis of the demonstration of the shortcomings of China’s international technology transfer legal system and the necessity of improvement,the paper puts forward the improvement paths of both domestic and international aspects in the part of solving the problems.The domestic path focuses on the deficiencies of China’s current legal system and the complement of contradictions,and puts forward the strategy of technology achievements transformation on the basis of the experience and lessons of the unsatisfactory effect of previous technology achievements transformation;On the international path,on the one hand,it is emphasized that China,as a major developing country,should stand in the position of developing countries in the global trade and investment agreements and strive for the due interests of developing countries.On the other hand,in view of the current international anti globalization trend,it is also necessary to actively sign bilateral and multilateral trade and investment agreements with other countries,including technology transfer clauses and improving the clauses to avoid unnecessary disputes To promote China’s technological progress and economic development.