Legal Engine For Technical Innovation Of New Energy Automobile Industry

China's new energy automobile industry has indeed experienced ten years of rapid development under the pull of policies.The huge expansion of production capacity and the rapid layout of the industrial chain have allowed the "China Miracle" to continue to perform in the strategic emerging area of the new energy automobile industry.However,in the second half of 2019,as subsidies gradually receded and car sales fell sharply,the new energy vehicle market driven by policies also seems to be releasing unsustainable signals...Questionable safety performance,insurmountable mileage anxiety,not Convenient charging and replacing facilities and limited residual value of cars make it difficult for new energy vehicle companies to improve user experience and control costs under the constraints of technological bottlenecks.Therefore,the breakthrough in the technological bottlenecks in the fields of batteries,motors and electronic control is the key for new energy automobile companies to get out of the platform and enter new business forms.This article combines the research on Porter's "Diamond Model" and Baumol's innovation theory,and argues that the development of new energy automobile industry has hovered at a lower level for a long time.It has an inverted pyramid structure: First,fundamentally,entrepreneurship is the gap of policy system andtechnology breakthrough.“market-led,innovation-driven” necessarily requires the system construction to focus on the cultivation and cultivation of entrepreneurship.Secondly,the indifference of the system environment to entrepreneurial spirit leads to the deviation of institutional rationality.Specifically in power as the main axis of institutional change,movement-type tools as the main pulling force,the consistent implementation of the regulatory system and the extensively weak induced system etc.Finally,the deviation of institutional rationality appears on the policy system as the separate of institutional design and innovation.The combination of national innovation system,property rights system,company system,competition system and environmental system cannot provide effective incentives and support for disruptive innovation.Therefore,to achieve "de-entropy" for innovation,it needs to be completed again Top-down transmission from system appearance to institutional rationality to entrepreneurship.Through the comparison and reference of extra-territorial systems,the author cultivates the entrepreneurial spirit with precision in the design of specific systems.First,clarify the boundaries of data property rights,promote strong protection of intellectual property rights in the "three electricity" field,and reduce transactions cost.Second,through the design of a two-tiered equity structure and the change of corporate organizational form with the reduction of tax burden as the core,respect for the residual control and residual value ownership of the founders of the enterprise is achieved.Third,through the regulation of operator concentration,administrative monopoly,and government procurement,the decisive role of the market as an incentive for efficiency and a source of incentives is brought into play.Fourth,based on the concept of green development,we will promote the construction of the "double credit transaction" green market and the improvement of the waste power battery recycling system to achieve internal coordination between the environmental law system and the industrial policy system.Therefore,by creating a good institutional environment and stimulating the emergence and convergence of entrepreneurship,we can promote the blowout development of disruptive innovation and the breakthrough of technological bottlenecks.In the end,the conduction chain reversed the slump andbegan a spiral benign cycle.The establishment of the system used the brewing entrepreneurial spirit as a fulcrum to leverage the strong development of the entire new energy vehicle industry.