The Administrative Legislation Analysis On The Technology Property Right Trading Market

The innovative and high technology industry development is the basic force to promote economy development. The combination of science technology and capital is the only way for the innovative and high technology development. Developing the technology and property rights exchange market is the objective needs for economy development, the center link of the science and technology achievement industrialization, is beneficial to perfect our nation's proper rights system, and have tremendous promotive function to the Chinese high-technology industry.In the process of establishing and developing modern high-tech business enterprises, the activities of exchanging technology and property rights are increasing, such as the transfer and auction of the technology, the license patent. The technology property rights exchange market raised quietly in the whole country.But, at the present time, the technology property rights exchange market in our country is still at the starting stage: The technology property rights exchange institution being distemperedness; the trading action being nonstandard; the related institution of law lagging relatively, which is going against the healthily development of the technology property rights exchange market.Market economy development is crying for drawing up a series of the technology property rights exchange legislation which is uniform, normative and authoritative.The State Council drawing up the technology property rights exchange legislation within the administrative legislative competence will escort for our country's high-technology industry, and will promote a virtuous circle of the technology property rights exchange market.In addition to the preface and conclusion, this paper is divided into totally four chapters:Chapter 1: The selective analysis is about the necessity of the administrative legislation to the technology property rights exchange market.Firstly, the author believes that to standardize the technology property rights exchange legislation system is the inevitable demand of the socialist market economy development. From the point of setting up the property rights exchange market, the author proofs: the technology property rights exchange market is the internal demand of the economic system reform; the expeditious development of the high-technology industry demands to set up the technical technology property rights exchange market;the combination of science technique and capitals is the only way leading to the high-technology development; the establishment of technology property rights exchange market is the key to develop the high-technology industry. The legislation environmental construction will escort for the high-technology development.Secondly, the author analyzed the current situation of our nation's technology property rights exchange legislation where in the author's opinion, exists many problems. In some respects, it is rather weak. A legislation which is benefit for the technology property rights exchange market has not be taken shape. Therefore, to frame a technology property rights exchange legislation which is authoritative, comprehensive and consistent will be helpful to bring the technology property rights exchange market into canonical legislation orbit. And it is the market economy that gives the technology property rights exchange market's inevitable demand.Chapter 2:Chapter 2 analyzes the advantage and disadvantage of the central legislation and local legislation, in the view of the gaming between the loacal and central legislation. The author believes central legislative power takes superiority. And, the advantage position of the central legislation presents a trend for strengthening gradually.Because at first the nation is the outcome of social centralization. To be consistent with the demand of the order, for making the whole service business of nation almost same, for the sake of making them be adjust to control, a powerful national central administrative department should be superior to the local administration section. Thus, the need for the central administration law of institution which mainly embodied in central administration legislation emerges. The central legislation should occupy the predominant position in the technology property administrative legislation system. Only in this way, it just probably to reflect the utmost interaction and corpuses of the market intersubjective interaction, and the interaction in subject motility and the administrative legislation. Then the technology property rights administrative legislation may turns to keep balance, and the technology property rights administrative legislation just resolves the problem that Civil and Business Law cannot resolve effectively. The market economy system is just probably real built up.The advantage of the nation law making lies in: The the legitimacy of law making behavior,the efficiency of the scale economy. It give attention to more factors and can be surmount in the particular interest group. There is regulation to follow and it can widen the market scope, promote free competition thus pushing the division of labor and professions to turn.Taking a comprehensive view of the benefit and frauds of the national law making and the profession autonomy law making, with the present state of the our nation, it is not mature to draw up the self-legislation of the technique and property rights.It should be the government's role to draw up the administration legislation, which can carry out the structure balance of the technology property rights economic administration legislation.Finally it analyzes the all-direction extension of economic administration law making. After the great change of social activities, the citizen's idea about the government changes greatly. They request the government to be engaged in the great quantities of economic and social activity, with guarantee the demand of value promotion. Thus, the guaranteed legal power of administration organization emerges extensively.The aim of the economic administration law making is coming through the effort by itself to respond and support the demand that the market trades the order completely and in time, in order to insure the actual problem within economic administration management and can resolve effectively. The economy administration of all-directions extends and the presumptive guest usurps the role host of economic administration lawmaking support that produced the power bargain market administration lawmaking to establish the system level for the technique.It selectively analyzed the basic leading thought of the technology property rights exchange administration legislation. The equality on the administration legislation is the ensemble equal of the subjectively law position. In the specific economy administration legislation, it is the equality among the economic administration legal statuses.The equal position among subjective laws does not refer to the absolute equality between the administrative subject and the market subject on dominating the information resource, the physical resources and the power resources. It refers to the equal treatment to the proposal raised respectively, equal respect for their reasons of the respective beneficial viewpoint, and equal recognization to the respective bargaining power.The equal position among subjective laws in the economy administration legislation does not only include the equal treatment between the administration subject and the market subject, it also refers to the equal treatment among market subjects which are the opposed part to the administration subject.The equal status in terms of law between the administration and market subjects, and among the different market subjects is the important character of the marketing economy. Under the condition of marketing economy, the technology property rights exchange administration legislation, from the basic principle to the detailed rules, should be equal applied to various trading subjects.The technology of both technology property rights exchange subjects owns equal and fair protection, which is embodied in rights and competence equality of both parties, in the applying the equal law, and in the equal consultation when doing trading activities.Secondly, in the administration law making process,it should follow the principel that resources be better assigned. The purpose of proceeding the technology property right exchange lies in the protection of the both parties' economic benefits.The technology property right exchange legislation must obey the principle that it is benefit for promoting the technique resources of reasonable installment and the property rights of enterprises to be re-combined.Thirdly comes to the thought of making the largest economic benefits. Any motive of economic administration institution changes is the interest motivation and effect of benefits. The public-spirited and private benefit within economic administration method can not be discarded. The economic administration legislation always pursues the economic benefit maximazation realized by suppressing the tension of the diverse benefits claim inside the economic administration method. At last, this paper puts forward the technique to produce other guidelines of the technology and property rights trading administration legislation: Evaluating the principle of technology property right exchange legislation; persistence of unified concentration, public and fair principle; following the honest and promising principle; protecting legal rights principle of both trading parties.Chapter 4:Chapter 4 puts forward the suggestion and conceive of technology property rights exchange administration legislation. Firstly it discusses the technology property rights exchange administration legislation's connotative meaning, feature and function. Then give advises on the main contents of the construction of technology property rights exchange administration legislation: Explicitly defining the extent of the technology property rights, which means the technology property rights, including the scientific and technicalachievements , the investment for the scientific and technical achievements, and the the property rights from risk investment; Regulating the place and establishment conduction of technology property rights trading; Regulating the member system for the technology property rights trading organization; Regulating that technology property rights trading organization must set uo corresponding rules for the technology and property rights trading activity; Regulating science and technique administrative department is the monitoring department for the technoloy and property trading; Establishing the punishment rule.