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Research On The Obligation Of Intermediary Party In Technology Intermediary Contract

Posted on:2022-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:J C LuoFull Text:PDF
GTID:2506306317462714Subject:legal
Abstract/Summary:PDF Full Text Request
Technological innovation is an indispensable endogenous driving force for the progress of a country and society.As an important part of the “triad” of the national innovation system,technology intermediaries can provide supporting services for technological innovation and the transformation of technological achievements,which are embodied in reducing the risks of technological transactions and accelerating the transformation of technological achievements,which are useful for improving regional and even national overall innovation capabilities and promoting Industrial structure adjustment and optimization and upgrading are of great significance.my country’s technology intermediary industry started late and has a low level of development.Correspondingly,there is still a lack of a system for the construction of technology intermediary standards.The basic theoretical research is too much in line with practical results,and insufficient attention has been paid to the micro-level,especially the rights and obligations of the subject.In recent years,my country has successively promulgated a series of policies,laws and regulations related to technology intermediaries,but the participation of technology intermediaries in technology transfer is not high,and the problem of the failure of technology intermediaries to play the role still exists.Fundamentally,in the process from cancellation to restoration of professional qualifications for technical intermediaries in our country,the lack of industry trust relationships affects the participation of technical intermediaries in technology transfer.To reshape the reputation of technology intermediaries and establish an ecological environment for a good trust relationship between technology intermediaries and technology transaction parties,we must start with standardizing technology intermediaries.This article focuses on the in-depth discussion on the content of technical intermediary obligations and the overall performance of promoting obligations,and systematically constructs a system of technical intermediary obligations performance and supervision.This article is divided into six parts,mainly focusing on the problems existing in the legal system of technology intermediary in our country at this stage,as well as exploring solutions from foreign experience and domestic specific practices.The first part is the introduction.Starting from a realistic background,this section introduces problems,integrates and expounds research results at home and abroad,clarifies the key issues pointed by the research,and proposes innovations.The second part is the theoretical summary of technology intermediary and technology intermediary contract.This part mainly focuses on the interpretation of the basic concepts of technology intermediary and technology intermediary contracts,and differentiates and analyzes confused concepts,and further points out the particularities of technology goods,technology intermediaries,and technology intermediary contracts,so as to lay a foundation for the understanding of technology intermediary theory.The third part is the judicial practice problem and reason analysis of the intermediary party’s obligation in my country’s technology intermediary contract.This part fully integrates the judicial practice of the intermediary party’s obligations in my country’s current technology intermediary contracts,reveals the existing problems and analyzes the reasons.The fourth part is the extraterritorial legislation and enlightenment of the intermediary’s obligations in the technology intermediary contract.This part starts with a full understanding of the problems existing in the legal system of my country’s technology intermediary,and specifically extracts the experience in line with my country’s national conditions from foreign legislative practices.The fifth part is the systematization of contract obligations of technology intermediaries.This part demonstrates the legitimacy and necessity of the systemization of intermediary obligations in technology intermediary contracts.Focusing on the obligations of the intermediary party in the technical intermediary contract,it sorts out the details of the obligations,and extends the three main lines of "the hierarchy of obligations,the determination of legal responsibilities,and the construction of the supervision system" to serve the core of the obligations to ensure the smooth performance of obligations.The sixth part is the conclusion.This part mainly summarizes and summarizes the main points and conclusions derived from the research of the article,provides condensed explanations,highlights the important value of the research on the obligations of intermediaries in technology intermediary contracts,and points out the research deficiencies and the prospects and expectations for the optimization of my country’s technology intermediary system.
Keywords/Search Tags:Technology Intermediary Contract, Technology intermediary, Intermediary obligations, Refine
PDF Full Text Request
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