基于《科学技术进步法》落实的我国省市新技术新应用立法前瞻对比研究

A prospective comparative study on the legislation of new technologies and new applications in China"s provinces and cities based on the implementation of the Science and Technology Progress Law

摘要:

围绕地方省市对《科学技术进步法》的落实情况,从新技术新应用的发展现状及法律环境出发,对比分析地方法规在新技术新应用的立法模式、章节设计、立法内容等方面的差异和特点。研究发现,当前地方法规普遍采取促进型立法模式,但章节设计缺乏系统性,条款数量较少、位置分散,问题意识淡薄；关于新技术新应用的规制内容各有特色,但存在推广激励不足、法律责任真空等问题。建议各地应尽快加强新技术新应用立法,完善促进型立法模式,结合本地实际探索专章或专门立法的系统性制度设计,固化研发、应用、推广、激励、监管的实践经验,调整监管体系,明确违法结果,推动本区域实现高水平科技自立自强。

Abstract:

Based on the implementation of the Law on the Progress of Science and Technology in China"s local provinces and cities, starting from the development status and legal environment of new technologies and new applications, this paper makes a comparative analysis of the differences and characteristics in the legislative model, legislative design and legislative content of new technologies and new applications in local science and technology regulations in various provinces and cities. It is found that at present, local laws and regulations generally adopt the mode of promoting legislation to encourage new technologies and applications, but the chapter design is not systematic, the number of articles is small, the position is scattered, and the awareness of problems is weak; Local laws and regulations on new technologies and applications have their own characteristics, but there are some problems such as insufficient promotion incentives and legal responsibility vacuum. Suggestions: All localities should strengthen the legislation on new technologies and new applications as soon as possible, improve the promotion legislation mode, explore the systematic system design of special chapters or special legislation in combination with local conditions, solidify the practical experience of research and development, application, promotion, encouragement and supervision, adjust the supervision system, clarify the illegal results, and promote the self-reliance and self-reliance of high-level science and technology in this region.