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The Ecologization of the Law of Science and Technology

Author: CuiZuo
Tutor: LiuGuoTao
School: Shandong Normal University
Course: Environment and Resources Protection Law
Keywords: technical law ecologization the technology legislation topic selecting of scientific research the research and development of science and technology science and technology achievements transformation
CLC: D922.17
Type: Master's thesis
Year: 2010
Downloads: 137
Quote: 0
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Abstract


As a double-edged sword, the impact of science and technology is increasing more and more quickly in nowadays. As a double-edged sword, the impact of science and technology is increasing more and more quickly in nowadays. Its rapid development has brought unprecedented prosperity to human life and the national development; it would also bring an unprecedented catastrophe to mankind, not only lead to resource depletion and ecological damage, and even threaten human survival and development. In view of this, to solve the problems of the environmental pollution and ecological damage caused by the technology development, some domestic legal experts and scholars have madden great efforts and got some results. But, taking a sweeping view of Chinese technology legislation, it is clear that our technology legal system can not meet the needs. And the study on“the ecologization of the law of science and technology”at home just makes a start, few people have made a comprehensive, profound research thorough the whole process. With this consideration, the author attempts to conduct a deep and thorough ecological study on the legal system of China’s existing technology with a new idea and method.The main body of this article has four parts:The first part: the dual role of science and technology. In this section, to“the Sanlu milk powder case”which had attract all eyes some time ago as the starting point, this article analyze the reasons behind the accident, then make detailed research and reflection on the existing legal system of science and technology.The second part: study on ecologization of topic selecting of scientific research and some relative laws. In this section, starting with“the negative impact of scientific research has determined the urgency of ecologization of topic selecting”,“the important position and role of topic selecting has determined the inevitability of ecologization of topic selecting”,it elaborates the importance of ecologization of topic selecting of scientific. Next, it pointes out some problems in our legislation of the topic selecting of scientific: the guiding defects of the current scientific and technological legislation; in reality there are still some“focusing on policy, co tempting law”phenomenon; the science and Technology Progress Law’s shortcomings and defects; the technology law system is not complete, and so on. It also gives some feasible suggestions: the gradual establishment of the principle of "sustainable development" in our scientific legislation; adhering to the "people first" concept of scientific development; the establishment of "ecological security" legislation guiding; strengthen the relevant legislation in the science and technology area, and so on.The third part: the ecological thinking and improvement of some systems of research and development of science and technology. This section is the top priority of the article; the author has got a few of more important systems to research: the technology resources use system; the technology investment system and the technology standardization system. To the technology resources use system, the author has introduced what the resources and technology resources are; then analyzed the status of our use of technology resources, and found out a number of objective problems and deficiencies; given some advice about“how to accelerate the improvement of scientific and technological resources shared system”. To the technology investment system and the technology standardization system, it starts with describing the concepts and characteristics of the technology investment system and the technology standardization system, and then gives some feasible advice about“how to change the direction of technology investment under the idea of ecological”, and so on.The fourth part: the ecological transformation of science and technology achievements transformation. As the last part of the whole article, the author has introduced the representation of the ecological concept in our law for promotion of scientific and technological achievements, and then given some feasible advice about the ecologization of the science and technology achievements transformation system: changing the guidance of the science and technology achievements transformation system; prioritizing the projects which meet the ecological requirements; awarding and supporting for the ecological transformation of scientific and technological achievements.

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