Research On The Production And Research Alliances

The first part focuses on the subject and the nature of production and research alliances. External body of production and research alliances are state, Intermediary organizations and community. Internal body of production and research alliances are enterprise, research institutions and Institutions of higher learning. But from the perspective of ontology, the body of production and research alliances are enterprise, research institutions and Institutions of higher learning. The essence of production and research alliances is the Community formed by enterprises, universities and research institutions for the pursuit of innovation to maximize the effect.Production and research alliances is the community established by enterprise, universities, and research institutions, by the principle of risk sharing, resource integration complementarity and sharing of results, to promote industrial restructuring and revitalization of the State, to complete the high-end industrial development and technological upgrading.Rapid development of technology gave birth to production and research alliance,the new organizational forms, and research alliances has greatly promoted the birth of science and technology innovation.The second part focuses on different modes of production and research alliance and its legal form. Union countries have different production and research and co-state-like models. However, analysis of the legal basis for the establishment of the alliance can be divided into two types:Contract-type production and research alliances and corporate-body-tye production and research alliances. Contractual production and research alliance is based on the principle of autonomy of a contract, corporate-type production and research alliance is based on established corporate parties or corporate social groups.The third part focuses on the legal nature of production and research alliances. Type of contract production and research alliances, if the coalition parties have formed a cooperative organization that elements of the unincorporated organization, that is with an independent civil subject qualification; if not set up some form of cooperation Cooperation Organization, or unincorporated organization does not have the elements, then Does not have an independent civilian body qualifications. There are corporate social groups production and research alliances and corporate-type production and research alliances, both types of alliances are eligible to have an independent civilian body. The fourth part focuses on the legal responsibility of production and research alliances. With the qualification of civil, the contractual production and research alliances, the alliance itself is a non-corporate bodies, and are mainly partnerships.The responsibility of such Union should follow the dual priority principle of debt settlement Responsibilities of the contractual production and research alliances that do not have the qualification of Civil Union law production and research, but also to be discussed can be divided into two cases:no established body of contractual production and research organizations, alliances and organizations formed the body of contractual research alliances. Body formation in the absence of contractual production and research organizations, Union, Union, mainly for liability for the obligations between members to the contract between the alliance members to deal with then.Organizational body in the formation of contractual production and research alliances, members should be jointly and severally liable to the debt of community incurred by outreach activities on behalf of the Alliance. In corporate-body-tye production and research alliances, alliances itself responsible for the debts incured in foreign economic and technological activities. But for the Union itself, the debts are unlimited liability, and limited liability for the members of the League.The fifth part focuses on the legislative status of research alliances, and made relevant recommendations. China's legal system of Cooperative Innovation determine the general direction of promoting the Combination, but the legal system is not complete, the law is not strong operational. Recommended the development of Cooperative Promotion Act for a unified method and unified research cooperation in the innovation process to adjust the various social relations, close legislative gaps, specifically related to legal responsibility.