Conflict And Choice Of The Value Orientation Of Modern Science And Technology Legislation

The legislation history of science and technology has long source since ancient times. However, regardless of in China and the West, it is only the embryonic stage, not being dominant. It has become the strength that guides the technique innovation, pushing the big tide of the industrial revolution subsequently since the modern science produced in the western ideological liberation movement. In order to protect wise achievement of the scientific and technical knowledge inventors, the law of intellectual property rights has opened the large-scale scientific and technical legislation prologue. After World War II, the t scientific and technical legislation flourished by the impetus of various countries' government, the legislation contents expand their scopes unceasingly from the protection and reward of the scientific and technical creation, transforming, the application to the safe management of the research development and high-tech industry, to the international technical cooperation. In this process, the scientific and technical legislation is facing the new problems which the science and technology brings. In the protecting aspects of scientific and technical achievement, faced to the restriction of abusing the intellectual property rights; In the high new technology development domain, faced to the threat of safe problems; In the realm of nations having science and technology as strategy to interfere by strong force, faced to the research freedom to lose. The modern of legislation science and technology launches with the societal reforming profoundly, the conflict of different benefits and the influence of diverse culture, national policy, trends of social thought make value orientation of the legislation be in the tension. The value orientation of the mutual opposition of how to get a choice in the legislation, to response the complex technical ethics question in the reality, has become unavoidable problems. In despite of its historical limitation, investigating the thought on the balance to the value orientation conflict in history, different philosophy schools, ethnics schools, law schools in China and the Western have still provided a lot of precious thought resources. This paper thinks that the conflict of value orientation is the benefit conflict essentially; it must be solved through using bidirectional regulative mechanism of the rights and obligations reasonably. Value status of science and technology legislation established lays the frame and the foundation for the priority order of determining rights and obligations. By the unification of the highest value, stressed value and gradual value, the science and technology legislation both needs to protect humanity's survival bottom line and respects the different local social situation under the different historical condition and maintaining the law stability. At the same time, in order to make up the flaw that the value position principle esteems one and repel another one in the value orientation choice, it is needed to apply the proportion principle so as not to select a kind of value and suppress. another value, not surpassing the essential limit. Concretely to our country's practice on legislation of science and technology, there are two aspects about paths to carry out the value position principle and the proportion principle: one is the announcement on the legislation aim and the basic principle; the other is in allocating the rights and obligations. By establishing bottom line principle in science and technology legislation, defining the right boundary, ruling the right and obligation order, the choice of value orientation on base of our country's benefits, can solve the conflict of value orientation of science and technology legislation effectively in the body of legal statements. In recent years, the value orientation of our country's science and technology legislation has been one-sided, attaching importance to the pursuit of dividend value orientation, but ignoring other value orientation, lack of restricting negative function of science and technology, which specially embodies by our country's comprehensive Law of the People's Republic of China on Science and Technology Progress in science and technology domain. However, the legislation must have prospect in order to keep changing and exploit the adjusting and controlling function. As for Law of Science and Technology Progress, People should choose the golden mean, neither more nor less than, evenly promoting science and technology development and ruling the negative function of science and technology, lay solid foundation for guiding other legislation of science and technology.