Research On The Administrative Legal Issues In China’s Technology Development Contracts’ Conclusion And Performance

Technology development contract is the contract be concluded between both parties on the new technology, new products, new craftwork, new materials and their system’s research and development. With the socialized large-scale production continually developing in depth, the division of labor in technology field becomes more and more sophisticated. Relying on the enterprise’s research and development can not meet the market demand. Technology development contract is an effective way to obtain technical achievements. Through concluding technology development contract, the enterprise could entrust competent scientific research units or collaborate with research institutes to obtain needful technical achievements.The relevant provisions of technology development contracts in Contract Law provide a legal basis for technology development contracts’conclusion, implementation, change, dissolution and handling technology development contract disputes. However,11 years has passed since "Contract Law" come into effect on October 1,1999. As the development of legal practice, the provisions of technology development contracts in "Contract Law" meet some administrative legal issues, such as the provisions about the adscription of the technological achievement confuses the moral rights and economic rights; Technology development contracts lack of risk management system; There are disfigurements in the management of country’s longitudinal technology development contract and universities’ horizontal technology development contract. Therefore, in order to better understand, implement and enforce technology development contracts, promoting technological field’s development and cooperation, the author will detailed analysis the administrative law problems exist in the field. With a view to attract valuable comments from academia.Firstly, this paper will describe the basic theory of technology development contracts; Secondly, introduce China’s status about technology development contract’s conclusion and performance and put forward administrative legal issues that exist in it. Lastly, refer to foreign countries’ advanced experience and put forward relational countermeasure to improve China’s technology development contracts, hoping that it’s helpful to the construction of China’s technology development contracts.