Investigation On The Construction History Of Legal System And Culture Of Science-Technology Of PRC

This thesis chooses "Investigation on the Construction History of Legal System and Culture of Science-Technology of People’s Republic of China" as the topic, and concept of the rule-of-law science-technology, which is the vital part of culture of science-technology, as the clues, to explore the difficult process of the concept of the rule-of-law science-technology from initial stage to establishment, following the research ideas of Diachronic and Synchronic combination, and using the interdisciplinary research methods. With the help of science-technology events, it further reveals the status of the construction of legal system and cultural of science-technology in different periods. The thesis includes Introduction, Six chapters of systematic exposition, and Conclusions.The first chapter, the origin development of legal system and culture of science-technology of PRC(1921-1949). The construction of legal system and culture of science-technology of the Base period was the cradle of legal system and culture of science-technology of PRC. Under the guidance of the Marxism view of science-technology and rule-of-law of the early CPC, legal system of science-technology of the Base promoted the construction of culture of science-technology, so as to promote the development of science-technology of the Base. The concept of rule-of-law science-technology was not only preliminary established after the founding of PRC, but promoted the development of the science-technology in PRC. But this burgeoning concept of rule-of-law science-technology with “Class” and "utilitarian", inevitably brought negative impact on the construction of legal system and culture of science-technology of PRC.The second chapter, the preliminary creation of legal system and culture of science-technology of PRC(1949-1957). The concept of rule-of-law science-technology was preliminary established after the founding of PRC. Under the influence of the concept of the rule-of-law science-technology, the construction of legal system of science-technology was developed from research institutions and association, scientific and technical awards, cultivation and management of science-technology personnel, and international technology cooperation and such aspects, which culture of science-technology was constructed and developed within the framework of legal system of science-technology. The science-technology events, such as the construction of the Chinese academy of sciences, the tide of overseas students back, technology innovation movements and the implementation of "156projects", revealed that the construction of legal system and culture of science-technology, under the guidance of conception of the rule of law of science-technology, jointly promoted the science-technology forward development in PRC.The third chapter, the tortuous development of legal system and culture of science-technology of PRC(1957-1966). Under the influence of the scientific view of "attention of the rule of man, contempt the rule of law”, the construction of legal system of science-technology experienced stagnation, weaken and decline of the process overall. The science-technology events, such as the Anti-rightist campaign in science-technology, the Great leap forward of science-technology, and Synthetic bovine insulin, reflected the legal system and culture of science-technology was in tortuous development under the influence of the scientific view of "attention of the rule of man, contempt the rule of law". It was the return of the scientific spirit and immediate action of the Central Committee of CPC, made the landmark scientific and technological achievements such as Bovine insulin succeeded, thus moved to the first development of science-technology of golden period of PRC.The fourth chapter, the abnormal development of legal system and culture of science-technology of PRC(1966-1976). Under the influence of the scientific view of "the rule of man and masses", the supreme instructions" of MAO Zedong was regarded as the criterion for people’s behavior and judgment in scientific research field. The construction of legal system of science-technology was near non-existence, and the causes of science-technology suffered destroyed badly. The animadvert on the relativity theory and the Snail events were the typical case of criticizing bourgeoisie theory and criticizing YangNu philosophy during the Cultural Revolution period, which revealed the abnormal development of legal system and cultural of science-technology under the influence of the scientific view of "the rule of man and masses”, and the narrowing gap of science-technology between PRC and the world was widened again.The fifth chapter, the recovery development of legal system and culture of science-technology of PRC(1976-1993). The national science conference and the Third Session of the Eleventh Central Committee of CPC were held in1978, which not only welcomed the spring of science, but also promoted the idea innovation from "the rule of man” to "the rule of law" in the field of science-technology. The concept of legalization of science-technology was gradually established in this period. With "the progress of science-technology law" as the leader of the legal system of science-technology had already been initially formed in1993. Along with the recovery and development of legal system of science-technology, scientific research institutions and associations had been restored and established, and the status of scientific and technical personnel and that of science were greatly improved. The PRC ushered in the second golden period of development of science-technology. Chen Meng-xiao event, Han Kun event and Cao Shi-zhong event, reflected the process of development of abandoning the concept of "class" rule-of-law science-technology after reform and opening up of the PRC, and the recovery and development process of legal system and culture of science-technology under the guidance of concept of legalization of science-technology. The establishment of Antarctic scientific research station, made the PRC gain the decision-making power of Antarctic affairs, marked the cause of polar exploration the PRC entered into a new phase, and indicates that the international scientific and technological cooperation of PRC becoming globalization. The sixth chapter, the harmonious development of legal system and culture of science-technology of PRC(1993-). Since the "Science-technology Progress Law" was implemented in1993, the third generation and fourth generation of leaders have attached great attention to the construction of legal system of science-technology of the new era. The basic strategy of "Running the country lawfully" established in Constitutional forms, the PRC has finally embarked on the track of "the rule of law" from "the rule of man". Since then, the Construction of Legal System of Science-technology of the PRC entered into the new stage, and which aims to implement the basic strategy of "Running the country lawfully" and build the rule of law of science-technology of the socialism with Chinese characteristics. The legal system of science-technology with Chinese characteristics had basically taken shape in2010. Culture of science-technology harmoniously developed within the framework of the constructional and perfect legal system of science-technology, thus, the PRC ushered in the third golden period of development of science-technology. The three science popularization science article lawsuits reflected that the scientific and technical personnel conscientiously fulfill their social responsibility of Technology Community, and they also showed the social stratification of Chinese science-technology and partial deletion of science spirit. The disclosure and handling of the Hanxin event showed that the legal awareness of whole society, especially the Technology Community were continuing to improve, which promoted the construction of integrity research legal system, and also reflected the scientific and technological evaluation of the legal system needs a thorough improvement. Debate upon the abolishment term of "pseudo-science" in the "Science-technology Popularization Law", has aroused the concern of the whole society to the science spirit. The events of science-technology above reflected the negative impact of the utilitarian concept of rule-of-law science-technology, and we should firmly establish the concept of the rule of law under the command of the scientific concept of development.Conclusions:Concept of rule-of-law science-technology, which was originated from the Base period, had experienced a "casualness" to "consciousness" process in PRC, and culture of science-technology that the concept of rule-of-law science-technology was its vital part, is an important ideological foundation of the legal construction of science-technology, while legal system of science-technology is the institutional guarantee for the healthy development of culture of science-technology. The history of the construction of legal system and culture of science-technology of PRC tells us, that we should firmly reject the concept of rule-of-law science-technology which was of the "class" and gradually abandon the concept of rule-of-law science-technology which was of the "utilitarian", and build a new harmonious concept of rule-of-law science-technology.