Ecological Research Of Patent Law

On the background of global ecological crisis and environmental deterioration in China,the study of legal ecology in China and even the world has been carried out in the period of the transition from industrial civilization to ecological civilization.As a product of industrial civilization,patent law plays an important role in scientific and technological innovation.However,it is undeniable that the current patent law,as a private law,protects the private rights and freedoms of the patent holders too much,neglects the protection of the environment and the realization of the public interests,which leads to the deterioration of the ecological environment at the same time of rapid expansion of science and technology.Infringe upon the environmental right of mankind to survive,develop and health in a good environment.In China,the current patent legislation is based on the two point theory of subject and guest,which is to protect the private rights of the patented person as the direct purpose,to promote the national scientific and technological progress as the aim of the human centralism,and the ecological defects of the patent law have been produced in the critical period of the construction of ecological civilization.As the basic research paradigm of the theory of law,the two points of subject and object separates the relationship between man and nature,and thinks that man is the subject,it is the first nature,the purpose and the intrinsic value and the legal right,the nature is the object,the second nature,only the means without the intrinsic value and the legal right,which forms the academic circle.On the long term critical view of anthropocentrism,on the basis of analyzing and criticizing the two point theory of subject and object,this paper puts forward the theory of subject and object,that is,human and object and object are relative,can be transformed,both human and nature have intrinsic value and legal rights.Based on the theory of subject and object,this paper puts forward the holism view of human ecosystem and puts forward the harmonious development view of equality between man and nature.After the analysis of the theory of law,the article expounds the absence of the current patent system under the two point theory of subject and guest,including the conflict between private rights and public interests,the conflict between the free value of the law and the value of order,and the criticism of the patent legislation model of the subject person,which is guided by the two points of the subject and the guest theory,and the fourth chapter for the third chapter.The conflict between private rights and public interests,the conflict of the value of the law and the value of the order are balanced,the public law of the patent law is put forward innovatively,and the patent legislation modeof the ecologic man is put forward on the basis of the subject and the guest.Based on the purpose and purpose of the current patent legislation,the ecological construction of patent law is put forward in the specific legal system.