| Summary: | 碩士 === 雲林科技大學 === 科技法律研究所 === 97 === The knowledge economy is developing in the twenty-one century, and each country on the world takes on the train for both the economy development and the high technology & science, nevertheless, the enactment of legal proposals and the Science & Technology policy is obviously different, although the legislation system for each country varies, the trend to pursue Science & Technology legislation demonstrates all roads lead to Rome. Therefore, the plan on policy and on legislation in Science & Technology by the law enactment and its performance is just like a motor to push ahead concretely, efficiently and stage by stage a nation’s economic development.
From the time when the policy of “Revolution and open” was performed in 1979 that was issued in 1978 in mainland China, regardless the tendency of world markets or the difference in political systems, based on the premise of national development, the effort on Science & Technology legislation is obvious to all; the Science & Technology policy of communists totalitarian nations is restricted by one party leadership, however, founded by the necessity of national economy development, the legislation plan appears required, the law enactment and performance for the Science & Technology policy and its legislation are precisely based upon the followings - the party’s guiding principles, the developing requirements of the nation, the economy, and the society.
It apparently lacks of legal anticipation, legal plans and etc. to compare the standard for Taiwan Science & Technology Legislation with the procedure for the enactment of legal proposals in mainland China; while the negotiation model between the government and the public in the legal procedure in Taiwan is the one that the mainland China should study on. If the negotiation between the ruling party and opposition could be turned out as a systemized legal plan with its procedure, and clearly set the priorities, especially by the plan and its operation for those which are greatly relating to the nation, society and people’s life; thus the responsibility of the legislation will be fully realized and further it will promote the quality for the national Science & Technology legislation.
This context is mainly on “the enactment procedure for legal proposals in mainland China”, and is centered on “exploration on Science & Technology legal system”, the scope includes the legislation in mainland China and the law for the progress of Science & Technology, lead by both the Science & Technology policy and the Science & Technology development plan, contrasted with the Science & Technology system of America, Japan, and Taiwan, studying the performance of Science & Technology legal system of mainland China, clarifying the global trend, realizing the present market competition and the future, and further to enact Science & Technology policy and legal proposals which conform to time and the world trend.
The first chapter is introduction which explains the motive and purpose of this study, the method and study steps, the study problems and the scopes; it’s the overview of the legal system of Science & Technology in mainland China. The second chapter contains the meaning of enactment procedure for legal proposals in mainland China, explaining the meaning of legislation procedure, the meaning of Science & Technology legal proposals and the theory and method of the enactment procedure for legal proposals; it’s the definition for both the enactment procedure of legal proposals and the legal system of Science & Technology. The third chapter is the current situation of enactment procedure for legal proposals in mainland China, clarifying the institutions, the procedure, and the performance of legal proposals for Science & Technology in mainland China. The fourth chapter is about the influential factors for the enactment procedure for legal proposals in mainland China, discussing about the influence on the enactment of legislation law, the Science & Technology progress law, the mechanism of political party’s decisions, and the Science & Technology administration policy, clarifying the relationship between the legal system of Science & Technology and the policy administration. The fifth chapter is the analysis of the enactment procedure of legal proposals in America, Japan and Taiwan, statements on both the legislation system and the performance of the enactment for Science & Technology legal proposals in America, Japan and Taiwan; it’s a contrast of Science & Technology legal system in mainland China. The sixth chapter is the discussion and suggestions for the enactment procedure of legal proposals in mainland China, it is the total review of Science & Technology legal system in mainland China, to review the enactment procedure of legal proposals, to issue the main legislation body and its rights and the legislation procedure with its techniques, to review the legal system of Science & Technology administration, having them as references for China; also issued are the Science & Technology policy and the legislation administration, Science & Technology legislation institutes with their rights, suggestions on Science & Technology legislation procedure and techniques as references for Taiwan, and finally sum up with suggestions which stand for the conclusion.
Keywords: Mainland China, Enactment of Legal Proposals,
Legislation Procedure, Legal System in Science & Technology
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