China's Science And Technology Law Legislative Tendency To Deviate From The Research And The Correction

To establish our socialist modernized country on the historicalcondition that our population is large, foundation is poor, resources percapita are few, and economy and culture are comparatively behind, itsbasic outlet is to continuously promote the development of science andtechnology. However, as science and technology law is at its tentativedevelopment, the legislation tends to encourage scientific and technicalinventions and applications, which aims at achieving the maximum limitof science and technology's economic benefits. The result is theoccurrence of a deviation from the basic outlet at legislation, which doesnot advantage the healthy development of our science and technology,and will go against our socialist modernization construction objective.Therefore, it is of great importance to analyze and reveal the formedreason of such a deviation existing in our present science and technologylaw's legislative tendency from the angle of the philosophy of science andtechnology, and search methods and measures to correct the presentdeviated legislative tendency, and in the end, promote our science andtechnology law's healthy developing and smoothly realize our socialistmodernization construction objective.Firstly, the article analyzes the current situation of our science andtechnology law, overviews its definition and principal content and pointsout the deviation phenomenon existing in the legislative tendency: on theone hand, it arises the tendency to pursue scientific and technical progressbut neglect the rationality of the acceleration; on the other hand, itemerges the tendency to pursue economic returns of science andtechnology but neglect ecological effects. At the same time, the articleexpounds the importance of correcting our present science andtechnology law's legislative tendency.Secondly, the article, from the angle of the philosophy of scienceand technology, analyzes the reason that results in the deviation occurringin our science and technology law's legislative tendency. Namely it lies inthe compound influence of three mistaken science and technology views,which are the scientific and technical utilitarianism, the scientific and technical optimism and the idea of scientific and technical value-neutral.Thirdly, based on the textual definition and essential connotation ofthe idea of sustainable development, the article unearths that the idea ofsustainable development in fact is a dialectical unity of creativity andrestraint, and demonstrates this thought at historical connection andinternal logic aspects: our science and technology law must erect the ideaof sustainable development if it wants to correct its deviated legislativetendency. Meanwhile, the article further points out where the advantageof our science and technology law will be, after its deviated legislativetendency is corrected with the idea of sustainable development.Finally, the article brings about some specific executive measures bywhich the idea of sustainable development can be implemented andfulfilled in science and technology law. These include: science andtechnology law must establish the legislative principle of prudentlychoosing; it must carry out a new scientific and technical legislativemechanism which can be taken part in by the public; it must build up anoverall legal system for scientific and technical progress assessment.