The Knowledge Economy And The Innovation Of Law

The high development of the high-techs such as information technology, gene technology, etc. and their massive industrialization are leading the human society into the development progress of the knowledge economy. This is also the progress that the pattern of the interests and the values reconstructs and reorganizes in the global. On the one hand, when economic competitiveness is maintained the ability of knowledge innovation more and more, high instrumental rationality and utilitarianism is diffusing in the field of politics and economy, and the development of knowledge economy is supported and agreed with the way of Utopia. On the other hand, people understand the cool face of the knowledge hegemony through the natural inclination of the collusion between knowledge and both capital and power, and the intellectuals reveal the shackles and slavery which the development of the knowledge economy brings with an almost despair. Then, which attitude on earth shall we take to cognize, evaluate and deal with the disputes of the interests and the values in the progress of the development of the knowledge economy? As the norms system of society, how will law conform to it? What functions will the law load? What is the basic dimension of the innovation of the legal system with the innovation of knowledge. In a considerable extent, this thesis is thinking and solving to these issues.This thesis has four parts.The first part: the correlation of knowledge and innovation of the legal system. This part mainly discusses the extension of knowledge economy and the basic reasons and the direction of the innovation of legal system. The thesis thinks that the knowledge economy is the form of economy based with production, distribution, transmission and application of knowledge and information. The extension of knowledge economy is in essence the growth and presentation of some new way in the new technology and knowledge paradigm. In the each combination and link between knowledge, information and capital, economy, people are into the disputes and competitive pattern of some new powers and interests. As the norms media to translate the social production practice, the order of powers, the pattern of interests, legal system is the'device of reaction'and'device of promotion'of the economy social flux. In the progress of knowledge economy, the disputes of interests and values brought by the applications of the high-techs such as information technology, gene technology and so on, are inevitable to project and depend on the corresponding innovation and adjustment of legal system. The innovation of legal system loads the double functions to pull and control the development of knowledge economy, because high affinity of knowledge information and economy capital, and because meeting and respecting the nature of pursuing profits brings advanced development of productivity and widely dissemination of technological well-being and knowledge, human being, and interpersonal relation face the danger of alienation and decolonization by the capital because of over linking up of the instrumental rationality and utilitarianism. The values orientation of innovation of legal system is to balance between incentive to efficient production of knowledge interests and maintenance of human freedom and dignity and equitable distribution of technological well-being. Because the logical operation of knowledge economy is: production of knowledge--innovation of knowledge--commercialization of knowledge, and all disputes of interests and values in the progress of knowledge economy exist among universities and research institutions as the producers of knowledge, enterprises as the innovators of knowledge, the community as the consumers and stakeholders of knowledge products, state as the promoter of knowledge economy and the supplier of legal system. The theme of innovation of legal system is to construct the appropriate relations of rights, powers, obligations and responsibilities among universities and research institutions, enterprises, the community and state.The second part: the choice of the model of order. This part mainly discusses in which construction of system the producers and the innovators of knowledge, the community and state do their own duties and relate each other to lead their actions to the value target of scientific and technological progress, economy development, and social justice. This thesis considers that all human activities and relations are embedded in some structure of the order in which all the rules that adjust specific social relations link up. In the progress of knowledge economy, the primary meaning of the innovation of knowledge is the choice of order model. The pivotal point of the question is to choose or to seek the coupling between the social member's individual behavior to pursue individual interests and values and collective actions taken by the public power with the name of public interests and moral. The crux of it is to discard instrumental rationality and utilitarianism, and to introduce value rationality and communicative rationality to prevent alienation and decolonization of people and interpersonal relations brought by the logic of capital and powers. In view of coexistence of rationality and ignorance, pursuit of profit and benevolence in the humanity, knowledge having the power of both liberation and shackles, and market system, administrative regulating system and public autonomy system having each effectiveness and limit, the choice of order model should be the hybrid system based on free market and supplemented by the administrative regulating and public participation in the progress of knowledge economy.The third part: the construction of the system framework. This part mainly discusses the specific system construction for the producers and the innovators of knowledge, the community and state under the hybrid system based on free market and supplemented by the administrative regulating and public participation. These mainly include:The system of university autonomy and academic freedom. Firstly, the production of knowledge pleads for free system. It should protect academic freedom and respect independence of universities and research institutions. Secondly, the production of knowledge shows the affinity with market, so it should encourage the cooperation between universities and enterprises by the system devices such as intellectual property. Thirdly, in view of knowledge production easily to be eroded by the logic of utilitarianism, it should hinder the alienation of knowledge production through the institutions and principles such as respecting human rights and non-concerning interests.Market system. With the alert to instrumental rationality and utilitarianism, market system is limited in all kinds of degree. The first is the system of intellectual property. On the one hand, the intellectual property is the most powerful mechanism to incite the production and innovation of knowledge, and the development of the new interest media in the progress of knowledge economy makes the system of intellectual property more abundant. On the other hand, intellectual property is implied the trend alienated to become knowledge hegemony, so it needs more ethics evaluation, system limitation, encouraging personal and political rights to limit self. The second is the system of free competition. To some extent, knowledge economy is the economic form with the nature of monopoly constructed on the intellectual property. So it should ensure free competition pursuing monopoly, to make the monopoly is able to be canceled and broken by innovation.System of administrative regulating. On the first place is macroscopic regulation. In a considerable extent, the progress of the development of knowledge economy is the promoting progress that is executed by the government through the economic levers such as fiscal policies, tax policies, industrial policies, monetary policies and so on. On the second place is the decentralization and rule of law. In view of alienated trend that public choice could be against the agent's interests and wills, government should be placed under the system of the decentralization and rule of law, for preventing more damages and dangers brought by the limited rationality and the rent seeking.System of public autonomy. For dealing with the inherent defect of market and government under instrumental rationality and utilitarianism, the System of public autonomy with communicative rationality should be introduced. And the rising of electronic public domain which is expedited by the information technology promotes indeed the democratization of public decision-making and confronts powerfully the knowledge hegemony and the decolonization of capital. Secondly, the system of public autonomy is constructed and supported by the right to knowledge, freedom of speech, and freedom of association.The forth part: innovation of the special system in new economy. This part discusses the special system design in information economy and gene economy. The thesis regards that information economy and gene economy are the model and pilot of knowledge economy and innovation of legal system in the progress of knowledge economy focuses on the innovation of system related with the application of information technology and gene technology. Its essence is set the relations of rights, obligations and responsibility on the new media of legal interests such as information and gene etc. Here knots with the conflicts and collisions of all kinds of values such as utility and dignity, privatization and fair and universal enjoying of the knowledge interests and so on. In the field of information economy, there are the conceptualization and institutionalization of the new intellectual property and the related privacy about software, database, digital protection measures, etc. In the field of gene economy, there are the establishment and the confrontation of the new intellectual property such as the patent right of gene, the new variety right of plant, etc. and the related personal and social rights such as the privacy right of gene, the farmer's rights, the protection of biodiversity, etc.