A Prospective Comparative Study on the Legislation of New Technologies and New Applications in China's Provinces Based on the Implementation of the Law on Scientific and Technological Progress
Compared with the current objective demand for innovation and development in the field of science and technology,the research and practice in the field of new technology and new application of China are still in a relatively preliminary stage.However,the relevant research pays little attention to the local science and technology legislation,and lacks a systematic understanding and grasp of the actual implementation of the science and technology progress law,which is difficult to meet and support the strategic requirements of managing and perfecting the system according to law.Therefore,aiming at the legislative implementation of The Law of the People's Republic of China on the Progress of Science and Technology revised in 2021 in Chinese provinces,the research framework of new technology and new application legislation is constructed from three aspects:legislative mode,legislative design,and legislative content.According to the development status and legal environment of new technology and new application,the differences and characteristics of new technology and new application legislation in varied dimensions are compared and analyzed from five aspects of research and development,application,promotion,incentive,and supervision.It is found that at present,China's local legislation has fully realized the importance of new technology and new application legislation,and has tried to regulate through the formulation or modification of scientific and technological innovation regulations.Among which,the mode of promoting legislation is generally adopted in local laws and regulations,and new technology and new application are unified as a part of scientific and technological innovation in the comprehensive legislation,but its design lacks systematicness,with few and scattered articles,as well as the weak awareness of problems.At the same time,the relevant provisions present different legislative priorities,the content of regulation on new technology and new application varies from place to place,but the problems of insufficient promotion incentives and vacuum of responsibility stand.Accordingly,the paper makes suggestions that,local government should strengthen the legislation on new technologies and new applications as soon as possible,improve the mode of promoting legislation by adding specific legislation chapters based on local conditions.In addition,to achieve the high-level scientific and technological self-reliance,the practical experience of R&D,application,promotion,encouragement and supervision should be enhanced,and the illegal results should be clarified by regulating the supervision system.
new technology and new applicationlegal environmentlocal science and technology legislationlegislation modelocal regulationsimplementation of science and technology progress lawregional science and technology progress
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