Study Of China's Technical Contract Law Risk

China's economic development has entered the mode of modern economic growth,and the impact of scientific technology on promoting economic development becomes increasingly obvious.The application of scientific technology into social production is a direct way to realize economic development facilitated by science and technology,while one of the important tools transforming scientific technology into social productive forces is “technical contract”.Only by giving full play to the connecting role between social production and scientific technology can technical contract achieve smooth transformation of scientific technology.From the perspective of Law,it can provide perfect risk prevention advice for various law risk subjects through the study of technical contract law risk to guarantee technical contract to play its role of connection.This paper discusses China's technical contract law risk from five parts.The first part is introduction,which mainly states background and significance of topic,research status of existing concepts related to technical contract law risk,performance and classification,and research status of technical contract law risk factor.It also introduces research methods and writing ideas adopted by this paper.The second part is the theoretical part of technical contract law risk.Guided by theory of law risk,it elaborates the concept of technical contract law risk,analyzes the characteristics of technical contract law risk from feature of technical contract,and puts forward multiple classification methods of technical contract law risk and ways to choose classification methods.The third part is the empirical analysis part of technical contract law risk.Based on further study of multiple technical contract disputes from the classification of technical contract based on chapter of technical contract in Contract Law,it summarizes different technical contract law risks in it.The fourth part mainly includes factor analysis of technical contract law risk.It first carries out factor analysis(forming reason analysis)of various technical contract law risks summarized by the third part,makes categorization integration of all risk factors and finally makes analysis of 19 technical contract law risk factors by using interpretative structure model(ISM model)to find out two fundamental factors,“The Party concerned does not have sufficient knowledge of technical contract,other relevant laws and regulations or incomplete legal norm”,and “The Party concerned does not fully understand contract object and subject before making a technical contract”.The fifth part is the prevention solutions to technical contract law risk.It mainly starts from the two fundamental factors found in the fourth part and proposes corresponding prevention measures for technical contract law risk aimed at technical contract law risk subjects: technical side of technical contract,non-technical side and state.This paper might have disadvantages in case collection and comprehensiveness of risk prevention advice.Relying on ISM model established on expert experience might also have error due to limited knowledge.Risk prevention strategy offered by this paper,especially national risk prevention strategy of technical contract,can be further improved.Other than perfecting laws and regulations and providing lawfulness guidance,it can also put forward prevention measures for technical contract law risk from many aspects such as policy.Furthermore,it can broaden the field of technical contract law risk research and study China's law risk and prevention measure in international technical trade to construct comprehensive prevention system of technical contract law risk.