On The Industry By Technological Advances

Today's world is heading for the era of the knowledge-based economy and the economy of the world is undergoing impressive change. Facing the challenge from the new era, many countries have correspondingly readjusted the industrial structure, focusing on enhancing technical level. Industrial structure in the era of the knowledge-based economy has its own characteristics. In the light of these characteristics, we find that there is still a long distance between the requirement of the new era and China's industrial technical level. Since the adoption of reform and opening policies, China has been advancing industrial technology by economic policy. However, China's industrial technical level has not fundamentally elevated. It makes the rapid development of the national economy can only base on the labor-intensive industries. Such development is just "mock boom" that is gotten at the expense of high pollution and energy. In my opinion, the absence of perfect legal system of industrial technical advance is the reason for phenomena above. From jurisprudence standpoint, this thesis probes in jurisprudence to set and perfect legal system of industrial technical advance to promote China's industrial technology.This thesis is divided into four parts. PartⅠ"General Issues in Industrial Technical Advance Law". It defines basic concepts such as industry, industry structure, industrial technical structure and industrial policy. By combing the connotation of industrial structure, here I define industrial technical advance law to be a stuff of laws which adjust the research, exploitation, application and importation of industries to promote high and new technology and enhance the technical level of the whole industry.. PartⅡ"Theoretical Basis for Industrial Technical Advance" This part first introduces the concept of malfunction of market and. analyses the relationship between ineffective market and industrial technical advance law, expanding only industrial technical advance law is able to promote China's industrial technology according to three theories. Next, malfunction of government is introduced. Here I analyse the relation between malfunction of government and industrial technical advance law. Characteristics of industrial technical advance policy and those of industrial technical law are compared to illustrate industrial technical law's dominance in promote industrial technology.PartⅢ"Industrial Technical Advance Legislation and Practice of Countries Concerned". This part emphasizes on situations of three countries. Japan is the most successful in formulating and implementing industrial technical laws. Here I first introduce Japan's industrial technical advance legislation and practice and summarize its successes and at the same time points its industrial structure law system's limitations. Second, South Korea's situation is analysed. Here I focus on that South Korea's has greatly elevated technical levels of specific industries by legislating and implementing industrial development laws. The U. S. takes the idea that a country should control the free society and avoid drawbacks from the control. It promotes industrial technology by legislating and implementing industrial laws.PartⅣ"Establishing and Improving China's Industrial Technical Law System". It is the major part of the thesis and divided into five levels. First, the situation of China's industrial technical advance legislation is analysed. Problems concentrate in: quite a few industrial policies have not been written into law; rank of laws concerned is still low; there is no intact legal system for industrial technical laws. Second, directing at problems above, I put forward the idea to construct China's industrial technical advance laws system. The general approach, problems which should be taken into consideration and content and principle are clearly elaborated. Third, object and main content of the basic law for industrial technical advance. The former is to drive the form of a group of high and new technical industries which is competitive in the world and greatly promote the diffusion of advanced technologies. This group, of industries should become the subject of China's industrial technical structure to gradually rebuild backward industrial technologies and elevate its technical level.. The main content is the policy and object of industrial technical advance, choosing of important fields and strategies and measures. Forth, legislation of specific industrial technical advance law. Specific industrial technical advance law is generally discussed and legal framework for high and new industries advance law and recessive industries adjust law is put forward. Last, laws concerned are briefly illustrated.