Legislation On Macro-Control Law For Development Of Science And Technology

The technical development is one important component of the social development. How to develop the technical enterprise is a question which a country must face. Since the reform and open policy, the science and technology development of our country has made great strides, but facing the high speed development of the contemporary science and technology and the intensive technical competition among the international countries, the science and technology development of our country is still insufficient. This article began the research from the inherent laws and the macro-control elementary theory. After researched the science and technology development of the foreign developed countries which carry on the legal macro-control in practice, this article drew a conclusion that, at present, bringing the science and technology into the domain of the macro-control law system, is helpful to the development of the science and technology in our country. This article, under experimental and practical evidence, gave a proposal of setting up corresponding macro-control legislation for science and technology development in our country.The whole study is divided into five parts, the basic theory on the development of science and technology, the rational analysis to the macro-control of the science and technology development, the analysis to the macro-control legislation of the foreign science and technology development, the analysis of the macro-control legislation condition of science and technology development in our country and the critical thinking of consummating the macro-control legislation of the development of science and technology in our country.The first part of this article has given the concepts of science, technology, the science and technology, as well as the technical development. Then, logically we can get the essential feature of the science and technology development. The first part has also mentioned the insufficiency in science and technology development of our country. All of these show that in order to adjust the development of science and technology, it is necessary for the macro-control to be involved in.Firstly the second part has analyzed the economic society rationale which the technical enterprise develops. Then it made the brief elaboration to the macro-control, the necessity of the macro-control to the development of science and technology and utilizing the elementary theory of the macro-control law to draw a conclusion that the macro-control to the development of science and technology has to be brought into the legal system package.In order to be helpful to the macro-control legislation to science and technology development in our country, the third part in this article has selected some representative developed countries, such as US, Japan and France, and researched the macro-control legislation condition for science and technology in those countries.The fourth part of this article has researched the science and technology legislation condition of our country. It discovered that there are many insufficiencies in the contemporary science and technology development in our country. Then, from the vision angle of the macro-control legal science field, the article creatively proposed that the legal basis of the insufficiency in science and technology development of our country lies in the government intervention.The fifth part is a key point of this paper. According to the first four partial elaborations, this part, with the massive materials, has analyzed the movement rule which the science and technology develops. Using macro-control basic law theory and macro-control legislation experience in science and technology development of the foreign developed countries, this part developed the concept of the macro-control legislation to science and technology development of our country on a logically basis. This part, firstly, proposed the macro-control fundamental law of science and technology development and gave a detail explanation about how to formulate this from four aspects: the macro-control main body, the basic principle, the legal method and the legal liability in science and technology development. After careful consideration of the related important legal system in macro-control law, such as Plan law system, Industrial policy law system, Government investment law system, Taxation law system and Finance law system, this part gives some realistic suggestions to construct the whole law system.