Study Of Technical Funded Legal Issues

According to the stipulations of Chinese Corporation Law, the shareholder can contribute by the form of currency, capital goods, industrial property right, nonpatented technology, land-use right. Technology contribution as one way of using technology property right is part of the above contribution forms, but it has some unique legal features comparing with the other contribution forms. In practice, the technology contribution agreed upon by the parties is too simple due to their little knowledge about technological features, which can easily result in disputes. What's more, the relevant legal regulations of China are comparatively rough. Some restricted regulations on legislative technique, legislative thought and legislative policy have lagged far behind the modern theory of Corporation Law. Besides, it is far from the foreign systematic and extensional capital goods contribution system. All of the shortages led to chaotic in practical technology investment relationship, which severely affects the transformation of China's technological results into realistic productivity smoothly. Thereby, the research on the legal features of technology contribution and how to standardize the practical technology contribution has become a very import issue with vital realistic significance.The introduction of this article introduces the research on the realistic significance of the technology contribution and briefs the relevant legislative evolution and development covering technology contribution, In the knowledgeable and economic times, technology has become the first productivity and it is quite necessary to complete technology contribution legislation.The first section introduces the technology contribution and its relevant conception, defines the relevant conception for technology contribution, technology trade, technology transfer etc, meanwhile the conception of capital goods contribution in developed country and the relationship between the capital goods contribution in developed country and the capital goods contribution as well as technology contribution in our country are presented. The writer also explains the legal characteristics of technology contribution by analyzing the technical characteristics, namely, the intangibility of technology determines the technology rightavailable for contribution, the uncertainty of technology value and life determines the strictness legal procedure for technology contribution, and technology contribution has the nature of group law comparing with technology transfer.The second section concentrates on introducing to the stipulation of capital goods contribution in developed country, that is, the adaptability of the standard goods contributed in developed countries, the goods contribution procedure and price oversight as well as the liability of participants and behavior restrictions regulated for avoiding related procedure. The enlightment of the capital goods contribution system in developed country is also briefly stated.The third section analyzes the shortage about technology contribution regulation in our country, researches on the problem existing in the scope of the concerning goods, the limitation of the contribution proportion, the contribution scope of technology right as well oversight of technology contribution price and put forward the solution.The fourth section discusses the legislative principle and framework of technology investment according to the above mentioned research and analysis, tries to improve the legislation on technology contribution in our country in view of the capital goods contribution regulation in developed country.The "fifth section is about the legal practice in technology contribution. The writer takes several real cases as a clue to directly reveal the problem existing in practical technology contribution and the confusion in judicial practice. For example, what is the essential differences between technology contribution and technology transfer, whether the proportion of technology contribution limited in Chinese Corporation Law is reasonable or not, how to solve the problem of follow-up research and achievement enjoyment of technology contribution, etc, which gives rise to the problems needed to be settled. Also the author puts forward some suggestions about the signing of the technology contribution contract in order to avoid the possible dispute by clarifying the rights and obligation concerning all participants through detailed and complete terms and conditions of the contract. The whole view is summed up and generalized in the conclusion section.