论科技异化的立法应对

Legislative Countermeasures to the Alienation in Science and Technology

科技异化现象的滋生与蔓延,既使传统法律受到挑战,也给传统法律变革带来机遇。在应对科技异化的挑战中,科技立法不断发展,其突出表现是确立了科技增进人的幸福的立法宗旨、科技无害于人的立法原则以及可持续发展的立法目标。我国的科技立法随着改革开放以来法制建设的推进而发展,但与科技异化治理的要求相比还有一定距离。完善我国科技立法,要求在立法原则上突出以人为本和生态安全,在立法内容上促进科技进步与防治科技异化并重,在立法结果上构建全面协调统一的科技法律规范体系。

The birth and spread of alienation in science and technology not only brings challenge to the traditional laws but also brings opportunities to the reform of them. Scientific legislation has developed through dealing with these challenges. Its notable achievement is to have established the legislative purpose that science and technology should promote people＇ s sense of happiness, the legislative principle that science and technology should be harmless to people and the legislative aim that can be stably developed. Scientific legislation in our country advances with the promotion of legal system construction with the opening and reform. But it still has a long way to meet the demand of the alienation management in science and technology. To perfect the scientific legislation ,we need to highlight people-orientation and ecological security for the legislative principle, pay equal attention not only to the promotion of scientific and technological progress, but also to the prevention and control of technology alienation for the legislative content, construct an overall, harmonious and unified system in scientific and technological legal norms for the legislation results.