摘要
科技进步是科技法产生与发展的基础。科技法律对科技进步的巨大影响 ,表现在 :科技法能为科技进步提供一个良好的社会环境 ,形成激励科技创新的机制 ,制约政府的短期行为 ,确保国家和社会的科技投入力度。科技法的这种作用也为 15至 18世纪中国与西欧科技立法的反差导致科技优势的逆转、19世纪荷兰专利法“立、废、立”的经验教训、2 0世纪韩国与美国的科技立法对科技与经济发展的显著作用等例所证明。
Law of technology and science emerges and develops from the advance of technology and science. Law of technology and science exerts a great effect on the advance of technology and science. It offers a good social environment for the advance of technology and science, forms the mechanism of encouraging the innovation of technology and science, check the short-term conduct of government, guarantees the investment on the technology and science by the state and society. This very function of law of technology and science led to the gap between China and Western Europe in legislation from the 15th century to the 18th century, which brought about the reverse of the advantages of technology and science. It is proved by the experiences and lessons of Dutch Patent Law in its 'formulation, abolishment and formulation' in the 19th century, and by the noticeable function of legislation of technology and science towards economic growth in South Korea and America in the 20th century.
