地方科技创新立法的反思与修正

Review and Revise on the Local Legislation of Science and Technology Innovation

地方科技创新立法在我国的科技立法体系中,一定程度补充了国家层面立法无法提供精细规则供给的不足。当前我国地方科技创新立法业已初具规模,基本完成"总+分"式的体系搭建,但在立法质量方面仍然存在立法理念更新与适应性调整不力,地方特色彰显不足,法律责任规定欠缺等亟需回应的问题。本文将从立法理念、立法特色以及立法技术3个方面就已有的问题针对性地提出一些不同的思考。

Local Legislation on Science and Technology Innovation compensates to a certain extent for the deficiency of China＇s legal System,while relevant law at the national level cannot provide sufficient and sophisticated rules about it.The local legislation on Science and Technology has already become a popular trend in China,obviously setting up the basic frame which includes general part and specific parts.However,there are also some aspects that needs to be improved as follows.Firstly,for the qualification of legislation,the concept of legislation needs to be updated,otherwise the law system cannot apply successfully to the reality.Secondly,it should pay more attention on the local practice in order to meet the special needs of local technology industry.Last but not the least,the current local legislation ignores to settle legal liability rules,which actually triggers an urgent need in practice.This article intends to analyze the problems above and correspondingly put forward several suggestions.