Study On The Legal Protection Of University Students’ Rights About Scientific And Technological Innovations

Universities are an important part of scientific and technological system, while students play a significant role in the research activities of universities. Compared to lectures and universities, the legal relationship between students and universities is pretty vague. Besides, students often have a weak awareness of their rights about scientific and technological innovations and get rare support from organizations such as labor unions. Therefore, it is a worthy issue of study on the legal protection of university students’ rights about technological innovations. This dissertation goes as follow:The first chapter highlights the importance of legal protection of students’ rights in three aspects which compromise of students’ irreplaceable role in the research activities, difficulties to maintain students’ rights and encouraging innovations and fair competitions. In the meanwhile, combined with the situations of China and America, this chapter also demonstrates various kinds of obstacles on protecting students’legal rights, which caused by the logical start point of the legal relationship between students and universities. The second chapter illustrates the characteristics of students’scientific and technological innovations, including multi-subsidized research process, reliance on the research team and low rates of transformation of their own innovations. Then, this part focuses on the causes of the dilemma of protection in students’rights, including the special relationship between students and universities, strong reliance to tutors and the rest. The third chapter discuss fairness of protection in students’ rights, factors which are considered in contribution of students’ rights and the scope of legal protection of students’ rights. The last chapter suggests some new articles based on convention priority doctrine and arbitrary norms. In the end, the author summarizes this article from the logical start point to the legal protection and try to draw attention from researchers focus on intellectual property law and scientific and technological law.