Research On Government Science And Technology Surveillance Legal Matter

In the knowledge economy society, science and technology has gradually became a important role influent on national society development as well as the international competition strength, even directly decided development of society, politics, economy, culture, military domain and so on, then take effect to people's life, thoughts, culture etc. However along with the society development, the contradictory between the government Sci&Tech surveillance system and the technical innovation appears day after day, the government Sci&Tech surveillance too authority administration, the surveillance and the market form the dislocation. In order to optimize the technical surveillance system, promotion realization of Sci&Tech of rule by law and democratization, realize the science and technology sustainable development, finally better service to the human society. This research take the benefit as the analysis basic point, pays great attention to the person is the goal which the society develops, strengthens has, in the assignment entire process ecology surveillance to the technical benefit, take the technical right to development as the brand-new idea essence, dual mutually constructs the relations take the Sci&Tech and the society as the realistic foundation, the conformity and the innovation our country tradition Sci&Tech surveillance resources, brand-new has constructed seven Elements ecology development government Sci&Tech surveillance system.In this research, firstly the author has carried on the system elaboration to the technical productive forces theory and the practice, simultaneously unifies the legal science, the economic, correlation theory and so on the management study, including the social contract theory, the government function theory, the management science theory, other theory sources and so on, has carried on a multi-disciplinary angle of view more systematic omni-directional analysis to the government Sci&Tech surveillance question, and scope carries on the accurate localization from the law value to the government Sci&Tech supervisory authority, thus studied for the government Sci&Tech surveillance has laid the rationale.Next, inspected the main developed country and the developing nation government Sci&Tech surveillance pattern, in with emphasis the supervising and managing law system and the solid service in the practice stratification plane operation, and through supervises and manages the present situation with our country the comparative analysis, has been clear about the international technical surveillance take the technical democracy and the government by law Sci&Tech as the development direction, these experiences transforms for our country government Sci&Tech surveillance from the traditional administration controllability management to the government by law ecology development surveillance, constructs the construction modern government Sci&Tech surveillance system to have the significant model function.Then, brand-new constructs seven element ecology development government science and technology surveillance system take the technical right to development as the idea essence. The ecology development government Sci&Tech surveillance system induction is seven integrant parts, namely main body element, object element, content element, way element, responsibility element, mechanism element and environment element, thus forms the traditional plane three-dimensional to construct seven element systems to the modern age which the construction transforms, namely the surveillance main body element should from the static sole main body to the dynamic many element main bodies transformation; The surveillance object element transforms from the straight line unidirectional surveillance to the return compound surveillance; Surveillance content Yuan Cong takes the valid surveillance to reasonably to coexist with the valid surveillance the transformation; The surveillance way element transforms from the sole authority surveillance to multi-element Duo to the surveillance; Surveillance responsibility element from sole stationary responsibility to many element development responsibility transformation; Surveillance mechanism element from separation independent type to classified mutually pressing mechanism transformation; Surveillance environment Yuan from static independent type to dynamic expansion environment transformation.Finally, take the technical participation, technical sharing as the content, from the great center micro three stratification planes carries on the legal system to consummate the discussion, to this constructs the construction government science and technology surveillance the harmonious government by law order. The government Sci&Tech surveillance law consummates mainly pays great attention to person's freedom full scale development, including the behavior idea development, main body role vicissitude, between the ability quality enhancement, the main body relates aspect and so on coordinated development, specifically proposed take this as the foundation the government Sci&Tech surveillance law system, the society share the social Sci&Tech achievement law system, the government Sci&Tech surveillance credit system, the government Sci&Tech surveillance legal liability system, the government Sci&Tech surveillance law environment consummates the suggestion.This research hope to provides a reference to the government and the correlation unit to repair the law or legislation in the future, and will be helpful to our country government Sci&Tech surveillance continue and health development.