论我国科技法制定中的偏差与矫治

On the Deviation and Improvement of the Law of China's Science and Technology

当下我国科技法制定中存在三种偏差,即注重制定主体的精英化而忽视了大众主体的话语权、追求科技的进步而导致了科技伦理价值的旁落,以及向往科技的经济效益而冷漠了科技的生态效益。偏差缘由唯生产力论、科技价值中立说与功利主义科技观的三重影响。矫治我国科技法制定中的偏差必须注意三个基本理路,即引入可持续发展的科技立法原则、形成公众参与的科技立法机制与构筑优良的科技进步评价制度。

The deviation in the current Law of China＇ s Science and Technology mainly consists in three aspects： It appears the tendency to focus on the elite but neglect the ...of the mass, to pursue scientific and technical progress but ignore its ethics, and to seek the economic returns of science and technology but leave ecological effects alone. The reason lies in the compound influence of three mistaken science and technology views, namely, the scientific and technical utilitarianism, the idea of scientific and technical value-neutral and the scientific and technical optimism. Three specific executive measures can be taken to improve these deviation including establishing the legislative principle of sustainable development, carrying out a new scientific and technical legislative mechanism which widely involves the public, and building up an overall assessment system for scientific and technical progress.