科技正义与法之正义关系的辨析

Relational Discrimination Between Sci-tech Justice and Law Justice

改革开放后,我国的科技发展模式由行政计划模式向市场法治模式过渡,市场经济使科技主体与立法主体的正义观发生巨大变化,进而导致科技法的正义内涵也在发生着演化。科技产生的社会问题激化了伦理道德与实在法之间的矛盾,立法者亟须发掘当代科技的正义内涵,并适时创制或修订科技法,以适应新形势的要求。应从正义内涵入手,拓展科技的正义价值观,为整合科技法的价值目标提供理论基础,并且探析科技引发现行法弊端的解决途径。

After China＇s reform and oPening to the world, the sci-tech development has been transferring from the administration/plan-oriented pattern to the market/law-oriented pattern. Market economy affected greatly the idea of justice either the sci-tech body or legislative body has, thus evolving the connotation of justice in the laws and regulations with regard to science and technology. The social issues, as the negative effects of science and technology, triggered the contradiction between the ethic and substantial laws. Therefore, it is very urgent for legislators to explore the connotation of justice due to contemporary science and technology and enact or amend relevant sci-tech laws and regulations to adapt to the new situation. It is necessary to proceed with the connotation of sci-tech justice to make sure what the values of sci-tech justice are, thus providing a theoretical basis on which the different value objectives are available to integrate well in sci-tech laws and regulations. Moreover, the way to make up for the defects in existing laws and regulations as a result of sci-tech development is discussed.