Research On National Intervention Of Technological Innovation In China From The Perspective Of Economic Law

As an important endogenous factor driving economic and social development,technological innovation itself is an important manifestation of modern productivity.In the new technological revolution period,technological innovation is an important core to promote economic restructuring and trigger industrial revolution.Although the main participation and driving force of technological innovation are enterprises and other market players,the sustained promotion of innovation can not be separated from the necessary state intervention.All previous industrial revolutions have highlighted the importance of state intervention in technological innovation.In fact,the core competitiveness of countries is technological innovation.The economic and trade frictions between China and the United States,which attracted much attention in 2018,are not only a simple international economic and trade frictions,but also a game of innovation between the two countries.They are not only a war of technology,but also a war of law.Michael Porter's theory of national competitive advantage also shows that in the stage of innovation-driven economic development,technological innovation of enterprises and the role of government are important factors in building a country's competitive advantage.Institutional innovation determines technological innovation.Technological innovation can not lead economic development withoutcorresponding institutional innovation and strong guarantee.Creating a good business environment,such as rule of law,competition and culture,which is necessary for innovation is not only an important purpose of state intervention in economic operation,but also an important manifestation of its intervention.As a way to promote and guarantee the healthy and coordinated development of economy,economic law's intervention and adjustment mission in economic operation determines its inherent nature of state intervention.In many areas of legal system,economic law plays an irreplaceable role in effectively linking government and market and realizing the deep integration of science,technology and economy.State intervention in the context of economic law is not only modest intervention respecting the law of market economy,but also moderate intervention aiming at maximizing the overall economic interests.Economic law can not only play a necessary role in promoting,encouraging and ensuring technological innovation,but also lead technological innovation towards rationalization with its unique regulatory function.By playing a dual role of incentive and regulation,it highlights the essence of economic development promotion law in the period of innovation-driven development.Based on the background of the new round of global technological revolution and industrial transformation and the realistic demand of China's innovation-driven high-quality economic development,and on the basis of the nature of productive forces of technological innovation and the economic function of state intervention in economic operation,this paper examines the problem of state intervention in technological innovation from the perspective of economic law,with the intention of correctly defining technology under the protection of the concept and system of state intervention in economic law.In the field of technological innovation,the optimal institutional guarantee and the determination of the optimal boundaries of state intervention fully demonstrate the institutional role of economic law in technological innovation state intervention from the dual dimensions of promoting technological innovation and preventing technological risks.This is not only the inevitable response to technological innovation and economic development,but also the proper meaning of the institutional innovation of economic law itself.There are five chapters in this paper,which are carried out along the basic research and Argumentation Logic of basic theory-raising problems-analyzing and solving problems.Specifically as follows:The first chapter is about the state intervention of technological innovation and economic law : theory and response.This chapter attempts to construct the theoretical basis and visual connection of this study.The first section begins with the basic connotation of technological innovation and state intervention,and defines the main concepts under the scope of this study.The technological innovation in this paper is a complete economic behavior that takes the enterprise as the main body and covers the whole chain of technological research and development,achievement transformation and industrialization operation.The intervention of the state is based on remedying or repairing market failure and preventing technological risks.In this paper,the state intervention is not a broad sense of state intervention,but a government intervention based on the government and other economic management subjects,which is conceptually unified with government intervention.The conceptual interpretation and restriction here are intended to keep in line with the basic research context and scope of state intervention in economic operation from the perspective of economic law.Then it combs the basic theory of technological innovation,reviews and compares the changes of the corresponding state intervention elements in different stages of technological innovation theory,and tries to deconstruct the origin and evolution of state intervention in the field of technological innovation.The second section focuses on combing the different theoretical branches of state intervention in technological innovation,which lays a direct theoretical foundation for the study of state intervention in technological innovation.This section mainly classifies the relevant theories from different dimensions of state intervention in technological innovation.Firstly,from the perspective of state intervention to stimulate,lead and promote technological innovation,it focuses on the market failure theory and market creation theory of state intervention in technological innovation.According to the traditional theory of state intervention,the necessity of state intervention in the field of technological innovation mainly stems from the existence of market failure in thisfield.Because of its obvious knowledge spillover and high risk,technological innovation has different characteristics and manifestations from general market failure,which determines different needs of state intervention.On the basis of combing and elaborating the traditional market failure theory in the field of technological innovation,the paper then makes an introduction and analysis of the“market creation theory” in the field of technological innovation in recent years in the Non-Mainstream Economics of the West,aiming to broaden the theoretical support of the state intervention in technological innovation in this paper.The interpretation of state intervention in the field of technological innovation by market creation theory goes beyond the inducement and scope of state intervention in general sense.It interprets the corresponding super-strong planning and intervention in the field of technological innovation in the new technological revolution period as the content of market creation besides remedying or repairing market failure.This is also a new viewpoint which has attracted much attention in the field of Non-Mainstream Economics in recent years.Its role orientation in the field of technological innovation "entrepreneur-oriented country" really reflects the important role of modern countries in the new technological revolution and industrial transformation.Whether or not the theory surpasses the market failure theory of state intervention in the traditional sense,it is helpful to verify the indispensability of state intervention in the field of technological innovation.Secondly,from the perspective of preventing technological risks and safeguarding national economic security,this paper focuses on the risk society theory and responsible innovation theory of state intervention in technological innovation,aiming at finding theoretical support for another dimension of state intervention in technological innovation from the perspective of regulating and restraining the negative effects of technological innovation.Modern society is full of risks,among which the risks brought by technological innovation,especially the rapid development of new technologies,are more difficult to predict.As a double-edged sword,technological innovation not only promotes the positive externality of economic development,but also brings negative externalities such as environmental pollution,anomie of economic order,endangering economic security,and evenchallenges morality,ethics and law due to abuse of technological achievements.The state must intervene to a certain extent,prevent and eliminate the risks brought by technological innovation,and urge the main body of technological innovation to carry out responsible innovation.Whether it is the theory of risk society or the theory of responsible innovation,it implies the necessary need for state intervention.And improper state intervention and regulation itself may become a new source of risk,so it must be incorporated into the framework of legal system to avoid that its intervention itself eliminates market failure while generating new problems of intervention failure.This demand is naturally compatible with the nature of state intervention in economic law itself.Therefore,the paper finally introduces the theory of state intervention in the context of economic law,and establishes a natural theoretical link for the study of state intervention in technological innovation in the context of economic law in this paper.Economic law,as a method of state intervention in the operation of national economy,has the inherent function of double correction and rectification of market failure and government failure.As a necessary part of state intervention in economic operation,state intervention theory of natural and economic law is naturally compatible.This paper mainly interprets the main content of the theory of state intervention in economic law from the perspective of the concept of economic law and the representative theory of state intervention in economic law.The above theories establish a complete theoretical framework of state intervention in technological innovation from the perspective of economic law,and also lay the dimension and keynote of the research and demonstration in this paper.The third section focuses on the relationship between state intervention in technological innovation and economic law,which is also an important basis for the argument in this paper.It mainly focuses on the necessity of examining and demonstrating state intervention in technological innovation from the perspective of economic law.Technological innovation will affect institutional innovation and promote its continuous development and improvement,while institutional innovation will further guarantee and standardize technological innovation.Based on the coordination and interaction between technological innovation and institutionalinnovation,this paper lays a foundation for the next demonstration of the corresponding relationship between technological innovation and economic law.Technological innovation,especially the new technological revolution,directly promotes the development of economic law.At the same time,the basic characteristics,functions and responsiveness of economic law also determine the inevitability of its response to technological innovation and state intervention.Economic law should not only constantly respond to and adjust and improve itself in the process of technological innovation,but also guarantee technological innovation in a safe and effective institutional environment and operational track with its necessary innovation and development.Only by maintaining this kind of benign coordination and interaction,can we truly realize technological innovation to drive high-quality economic and social development.This paper mainly demonstrates the inevitable response relationship between economic law and state intervention in technological innovation from three aspects: the economic and modern characteristics of economic law,the mission of economic law to promote development,and the function of risk prevention and regulation law of economic law.The above argument on the relationship between economic law,technological innovation and state intervention once again consolidates the scope and context of this study.The second chapter is the current situation of state intervention in technological innovation in China from the perspective of economic law.This part is the starting point of the empirical logic of the paper.The purpose is to find out the problems and bottlenecks through the analysis of technological innovation and state intervention in China.The first section mainly discusses the different periods of the development,the main achievements and existing problems of China's technological innovation system.After years of reform and development of scientific and technological system,China's technological innovation has made more outstanding achievements,and is gradually entering the ranks of innovative countries,but still has greater room for improvement.The mechanism and system still need to be improved,the lack of independent core technology,and the gap from innovative national standards,all of these restrict the improvement of national core competitiveness,but also put forwardhigher requirements for the corresponding state intervention.Section II focuses on the current situation of state intervention in promoting technological innovation in China,starting from the first dimension of state intervention in technological innovation.This section first discusses the legitimacy of state intervention and economic law regulation to promote technological innovation.Promoting technological innovation is the primary goal for almost all countries to intervene in technological innovation.It is also the basic embodiment of the important role played by the country in the strategy of innovation-driven development.It mainly lies in overcoming the market failure in every link of technological innovation process to better stimulate and promote technological innovation and development.There are different market failures and corresponding national intervention needs in different stages of technological innovation,such as basic research,common technology research and development,applied research,technology development and diffusion,and market entry,so the degree and means of national intervention should also be different.Economic law,as a norm of state intervention in economic operation,should play an important role in the process of state intervention in promoting technological innovation through its relevant norms to promote economic development.The paper then elaborates the relevant policies and specific measures to promote national intervention in technological innovation.Mainly combed the science and technology innovation policy and industrial policy in different periods of our country.The state intervention policy here is mainly embodied in the top-level system design of national level strategy and planning,and also belongs to the broad scope of economic and legal norms.In terms of the main measures taken by the state to intervene in technological innovation,the paper respectively starts from the practical aspects of strengthening the protection of intellectual property rights as the main business environment optimization,increasing financial and fiscal support,optimizing government procurement support,innovative incentives for small and medium-sized enterprises,and leading or guiding the collaborative innovation of industry,University and research institutes,with a view to illustrating the positive role of the state in the field of technological innovation.At last,the current situation of the specificeconomic and legal system in the field of promoting technological innovation is discussed emphatically.Firstly,it combs the special legal system arrangement and relevant economic legislation to encourage technological innovation and transformation of achievements.In the field of special legal system arrangement,this paper mainly enumerates the specific laws related to the transformation and application of scientific and technological achievements,such as the Law on Scientific and Technological Progress and the Law on Promoting the Transformation of Scientific and Technological Achievements,etc.,focusing on the “market-oriented”highlights of the newly revised section of the Law on Promoting the Transformation of Scientific and Technological Achievements.In the part of the relevant economic and legal system,this paper focuses on the macro-control legal system arrangement to encourage technological innovation and the legal system arrangement to maintain the market competition order of technological innovation.The former is mainly embodied in the relevant legal norms in the fields of finance,taxation,finance,government procurement and promoting technological innovation of enterprises,while the latter is mainly the market regulation legal norms such as the anti-monopoly law and the anti-unfair competition law,which mainly presents the current situation and basic appearance of the system guarantee of economic law in the field of promoting technological innovation.The third section focuses on the present situation of legislation and system in the field of preventing technological risks in China's economic law from the dimension of technological risk prevention of state intervention in technological innovation.Firstly,the legitimacy of state intervention and economic laws and regulations to prevent technological risk is analyzed.Starting from the definition of technological risk,the paper introduces different causes,hazards and different classifications of technological risk.It also defines the technological risks in this paper,that is,the risks or negative externalities arising from the combination of economic and political factors in the process of technological application are not the internal risks arising from the uncertainty in the process of technological research and development.This type of risk is the object to be avoided in the process of national intervention to promote technological innovation.Then itreiterates the legitimacy of the regulation of economic law,which echoes the corresponding part of the first chapter.The second part focuses on the current policy and legislative manifestation of state intervention in the field of technology risk prevention.As the national intervention policy of promoting technology innovation occupies an absolute dominant position in all technology innovation policies,the policy content of technology risk prevention is extremely weak,so this part is elaborated and presented together with relevant economic legislation.The main content of this chapter is to provide the object and basis of research and demonstration for the following analysis of the dilemma and problems by presenting the state intervention in technological innovation and the status quo of relevant legislation.The third chapter is the dilemma of state intervention in technological innovation in China from the perspective of economic law,which is also the focus of this paper.This part is divided into three sections,each section presents a more prominent dilemma or problem,which provides the corresponding framework for the following targeted countermeasures.The first section discusses the dilemma of state intervention in technological innovation from the perspective of the current system of technological innovation.It focuses on the subject isomorphism and policy coordination under the current system.Whether the system is smooth or not is directly related to the effect of technological innovation of state intervention.The numerous burdens of intervention subjects,the difficulties of coordination and communication and the confusion of policy closure under the current system are all important factors that restrict the effect and cost of intervention.It is also an important issue that the article focuses on researching,discussing and trying to solve.The purpose is to solve the problem through the isomorphism of intervention subjects and policy closure under the optimization of the intervention system.From the perspective of economic law,the state intervention of technological innovation clears up the difficulties of disunity of subjects and restriction of intervention effect.The deep integration of science and technology and economic development is not only the basic meaning of innovation-driven development,but also the important background of the association between economic law and state intervention in technological innovation.In theprocess of the deep integration of science and technology and economy,it is necessary and urgent to coordinate and cooperate among different intervention subjects such as science and technology and economy,and even to integrate deeply.Under the existing system,the main body of state intervention related to technological innovation covers many administrative departments,such as science,technology and economy.It seems that the state covers the support and encouragement of technological innovation in an all-round way,but it will also present the troubles of a large number of intervention subjects and cumbersome institutions.Under the background that the country has always advocated and promoted the deep integration of science and technology and economic development,the difficulties of communication and coordination between the intervention subjects under the parallel system of science and technology and economic management will undoubtedly hinder the pace of the deep integration of science and technology and economy,which is also an important reason for the “two skins”of science and technology and economy in China for a long time.Starting with the proposition and necessity of the deep integration of science and technology and economy,this paper analyses the difficulties of coordination and policy linkage between the state intervention subjects of technological innovation under the deep integration of science and technology and economy.The second section focuses on the difficulties in defining the boundaries of state intervention in technological innovation.The boundary of state intervention or the relationship between government and market is a new topic in economics and economic law.Because the boundary between them is always difficult to define accurately,it is still necessary to explore and research in the field of technological innovation.In the aspect of national intervention to promote technological innovation,it is still troubled by the coexistence of offside and vacancy of intervention to grasp the appropriate level of intervention.In the field of intervention to prevent technological risks,there are also difficulties in balancing supervision and innovation.In fact,the offside or absence of state intervention in the process of technological innovation is the problem of failure of intervention.Full early warning is conducive to minimizing the loss or cost caused by failure of intervention.Especially under the national system of promoting technologicalinnovation,excessive industrial policy incentives may not produce the desired effect.The last part of this section takes the implementation of industrial policies in the field of photovoltaic and new energy as an example,and discusses the difficulties of inadequate early warning of the failure of state intervention in technological innovation,which paves the way for further consideration of the corresponding economic law remedial measures.The third section is the dilemma of insufficient economic and legal system of state intervention in technological innovation.Based on the current situation of the economic law system in Chapter II,this section further explores the deficiencies of the economic law system from the dual dimensions of promoting technological innovation and preventing technological risks.At present,although there are economic and legal systems to promote and regulate technological innovation,the relevant systems are still far from perfect,and there is even an urgent need to fill in the areas of preventing technological risks,regulation of emerging industries and so on.Chapter IV is the reference of national intervention in technological innovation in the United States and Japan.This paper focuses on two typical innovative countries,the United States and Japan.Through introducing and evaluating the national intervention and legislation in the field of technological innovation under the different traditions of scientific and technological economic development and state intervention in the two countries,it provides inspiration and reference for the institutional guarantee,the delimitation of intervention boundaries and the improvement of economic and legal system of national intervention in technological innovation from the perspective of China's economic law.The first two sections of the paper focus on the technological innovation and state intervention of the United States and Japan respectively,and sort out the state intervention and legislation of the two countries in different periods of scientific and technological innovation and economic development.Although the United States has a long tradition of market liberalism and has a natural rejection and aversion to state intervention,the rise and innovation of the United States has always been accompanied by the shadow of state intervention.Its role as an“entrepreneur-type country” in the new technological revolution period ismore prominent,and the science and technology policies and legislation in different periods have always been the embodiment and guarantee of its state intervention.Since the Industrial Revolution,the United States has gradually realized its economic rise and leadership by relying on the power of technological innovation under the cooperation of the government and the market.Although Japan is also a capitalist innovative country,and has experienced the stage of market-for-technology in the early economic recovery and development process as the United States,Japan's road of introducing,digesting and absorbing self-innovation is closely related to the strong state intervention.Its economic and social environment and the tradition of state intervention along the way are comparatively similar to China's.Japan's government-led economic development model and widespread industrial policy have more enlightenment and reference significance for China's innovative national construction and economic reform and development.The third section focuses on summarizing the national intervention of technological innovation in the United States and Japan and the Enlightenment of legislation to China.First of all,whether in the United States,which tends to be free of market,or in Japan,which has a heavy industry policy,technological innovation is the core of the economic development process,and the scientific and perfect technological innovation system is an important guarantee for the success of its innovation.Secondly,the state intervention of the United States and Japan in the process of building and developing an innovative country is moderate intervention based on full respect for the market.The state intervention and market freedom complement each other and are more flexible.All relevant intervention means and measures are based on market failure repair or market shaping and leading in necessary areas.Both the United States and Japan attach importance to early warning of the failure of government intervention.In order to minimize government failure,the United States has been adhering to the long tradition of market priority and economic freedom,and has maintained a certain degree of fear and caution against state intervention.In order to learn from the failure of relevant industrial policies in the field of innovation,Japan is constantly adjusting its intervention intensity and mode.Thirdly,a sound legal system is an importantguarantee for the two countries to achieve technological leap and economic leap.The two countries not only attach great importance to the state intervention and legislation to promote technological innovation,but also pay attention to the prevention and legislative regulation of the corresponding economic order risks in the process of technological innovation and development,so as to ensure that technological innovation drives economic development while minimizing the economic,moral and ethical risks and disorder brought about by barbaric technological innovation.All of these provide useful enlightenment and reference for our country's corresponding state intervention.The fifth chapter is the perfection of state intervention in technological innovation in China from the perspective of economic law.This chapter is the countermeasure of the paper,and also the innovation that the paper strives to pursue.Aiming at the problems mentioned above,the paper improves them one by one on the basis of drawing lessons from other countries.The first section is the optimization of intervention system under the deep integration of science,technology and economy,which corresponds to the first outstanding problem mentioned above.The paper holds that the key to solving the difficulties in the state intervention system of technological innovation is to actively explore the "large department" reform of the system of scientific and technological and economic management.By further optimizing and integrating the departments of scientific and technological and economic management,it will be able to manage and intervene in the whole chain of technological innovation from technological research and development to market input and industry transformation,so as to avoid the problem of inefficiency of intervention under the relative existing system of scientific and technological and economic management.Firstly,the paper puts forward the exploration of the reform of the system of science and technology and economic management,introduces the meaning of the reform of the system of large-scale ministries and the general situation of the previous reforms in China,points out the realistic demand of the deep integration of science and technology with economy,and the internal motive force and basis of the reform of the reform of the system of large-scale local science and technology andeconomic management,and at the same time,analyses the dilemma faced by the reform,and Specific measures for further advancement are put forward.Because the promotion of large-scale reform is not achieved overnight,under the current system,the key is to solve the coordination and linkage between the existing intervention subjects and relevant intervention policies.The paper also puts forward corresponding solutions to the above problems.Under the current system,we should strengthen the communication and coordination among the relevant intervention subjects as far as possible,reduce the communication cost of intervention by establishing corresponding communication and coordination mechanism,strengthen the coordination and coordination between policy implementation,and reduce the constraints and inefficiencies in policy implementation.Section II is the correct determination of the boundary of state intervention in technological innovation in China.It is discussed from three aspects: objectively examining the boundary of state intervention in the field of technological innovation,correctly grasping the limits of state intervention in technological innovation,early warning and correcting the failure of state intervention in technological innovation.The first part is an objective examination of the boundaries of state intervention in the field of technological innovation.This article mainly focuses on three aspects: sticking to the boundary of market failure remedy,facing up to the boundary of market guidance,shaping the boundary of market super intervention and exploring the boundary of technology risk prevention.Firstly,technological innovation is a spontaneous behavior dominated by enterprises and other market players.Its motive force mainly comes from the need to maximize their own interests.Deregulation and reduction of intervention are the best external environment for technological innovation.Industrial revolution and transformation are the ultimate destination of technological i...