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The Characteristics and Systematic Optimization of Scientific and Technological Legal Liability
2021-09-23

Abstract: While technology brings convenience to human society, it also many risks. In risk society, the improvement of science and technology legal liability is of great significance for the legal governance of the science and technology, the construction of a science and technology legal system, the breakthrough of the traditional legal liability system, the construction of a strong science and technology country, and the development of science and technology standardization. Based on the analysis of the existing primary legal texts of science and technology, it can be seen that the current legal responsibility of science and technology is the integration of the traditional three kinds of legal responsibility, which is far from enough. In the current legal responsibility system of science and technology, administrative legal responsibility dominates and cannot deal with the science and technology risks and achieve its legal governance. This paper suggests changing the concept of administrative regulation of science and technology to private law autonomy in order to strengthenthe protection of the rights of scientific research personnel. Meanwhile, for comprehensively strengthening the construction of the legal responsibility system for science and technology in the process of scientific and technological activities, this paper suggests the control strategies of technology standardization and patent licensing at every stage of scientific research and development, transformation and application of achievements to supplement and improve the legal responsibility of science and technology in risk society. This would achieve the fundamental value objective of adjusting science and technology activities possessed by science and technology  law.



The Characteristics and Systematic Optimization of Scientific and Technological Legal Liability.pdf


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