The Construction Of The Science And Technology Legal System Of China Based On Innovation

As the largest developing country, China must rely on its own innovation to get out of difficulty dominated by another and constrct new competitive advantages. So China made an important decision to build it into an innovation-oriented country to strengthen the ability of independent innovation. The development of science and technology as the strategic basis promotes powerfully economic and social development and leads our country to enter the ranks of innovative countries after 15 years. This requires building a legal system to strengthen science and technology and provids a solid legal guarantee for the country through science and education.Science and technology policys have bveen become laws through the legislative process to secure the progress and development of science and technology in many innovation-oriented countries. Systematic and comprehensive science and technology laws have been gradually formulated conforming to the development of sci-tec innovation in most of them. As the growing complexity and uncertainty of science and technology innovation, science and technology triggers many new legal relationships. The laws of science and technology adjustable objective change from various traditional social relations into social relations and relations between human and nature during science and technology activities. Science and technology's historic missions have been changed from encouraging, protecting and promoting in the past into guiding, limitating and constrainting the sci-tec's development. Firstly, this paper reviews the process of the legal system of China's science and technology. Secondly,on the bases of referencing the experiences from foreign innovation-oriented countries, summes up the current laws and system deficiencies such as legislative lags,the loss of operation and liability of legal issues, lacks of effectiveness of law enforcement and judicial in science and technology. Finally,the paper points out that China should exert itself to build and perfect its legal system including legislation,law enforcement, judiciary of the science and technology and the researches of law theory and practice on promoting and safeguarding scientific and technological progress and to provide a good legal environment for creating an innovation-oriented country.