试论政府资助科技项目成果转化中的权力干预机制

Power Interference Mechanism of Achievements Transfer in the Government-funded Science and Technology Project

政府资助科技项目成果转化需综合行政确认、行政许可及其他诸多行政权的有效干预,政府介入权等权力干预需要与其知识产权等私权保护保持价值平衡,从而实现公益优先与"私权自治"的法治理念整合。中国权力干预机制的法制实现方面,既要着力培育项目承担者的自主权利意识,也应有效树立政府职能部门的积极行政理念,特别在政府研发投入、政府采购、政府专利资助政策等方面要提高其权力干预效率。

A variety of administration power such as administration admit,administration confirm and other concerning power ought to be comprehensively applied in order to availably interfere with the achievements transfer in the government-funded science and technology project.The value balance should be held between the power interference such as march-in-rights and the private right protection such as intellectual right,in order that the principle of the rule of law ought to be integrated between the public welfare precedence and the private right autonomy.If the power interference mechanism above-mentioned would be realized in chinese legal system,not only the independence right consciousness of the project stakeholder must be put forth effort to grow by the administration agency,but also the principle of positive administration ought to be effectively established by relation government functions.And the government power interference should be effectively play an active role particularly in the area of the government RD investment,the government procurement,and the government subsidy patent policy,etc.