Legal Environment Analysis of Basic Research in China

Li Lingjuan; Zhang Changran; Luo Xianjue

doi:doi:10.11648/j.ajasr.20200601.12

| Peer-Reviewed

Legal Environment Analysis of Basic Research in China

Li Lingjuan, Zhang Changran, Luo Xianjue

Published in American Journal of Applied Scientific Research (Volume 6, Issue 1)

Received: 16 February 2020 Accepted: 27 February 2020 Published: 10 March 2020

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

Abstract

Basic research will become a leading force and strategic engine for the future world development. The establishment of the legal system of basic research provides an all-round institutional guarantee for the vigorous development of basic research. The development of basic research cannot be separated from a good legal environment. Two dimensions of legal environment analysis of basic research are constructed: The first is the composition of the legal subject of basic research and the nature of basic research behavior, the second is the typical problem of basic research in China and the legal system it requires. Based on the above research frame, There are five main legal problems about basic research in Chnia: The lack of legislation on basic research subjects (scientific research institutions); The actual weakening of basic research guarantees under the existing governance framework; The lack of legislation for scientific research funding and the lack of supervision; The lack of integrity in the legal environment for basic research; The legal system of transformation of achievements focuses on dislocation. In order to solve the above problems, legislation should pay attention to the importance of basic research, guarantee the independence of basic research funding institutions and research institutions, and establish independent research funding management laws. Create an honest legal environment and social atmosphere conducive to basic research, establish a stable and effective legal system for protecting and using basic research results.

Published in	American Journal of Applied Scientific Research (Volume 6, Issue 1) This article belongs to the Special Issue Science and Law (Review of Several Issues of Contemporary Science and Technology Law)
DOI	10.11648/j.ajasr.20200601.12
Page(s)	13-23
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2020. Published by Science Publishing Group

Keywords

Basic Research, Legal Governance, Legal Environment, Investment Mechanism, Integrity

References

[1]	Liu xielin & He yubing. Basic Research is the Source of China's Industrial Core Technology Innovation [J]. China Soft Science, 2011 (04): 104-117.
[2]	Shea D A. Office of Science and Technology Policy (OSTP): History and Overview [J]. Eos Transactions American Geophysical Union, 2016, 57 (10): 739–741.
[3]	Ministry of Education of the People's Republic of China, Ministry of Science and Technology of the People´s Republic of China & National Natural Science Foundation of China et al. Several opinions on strengthening basic research work [EB/OL]. http:// www.110.com/fagui/law-75729. 2001-03-06 /2020-02-15.
[4]	Gong Xu, Fang Xin. Reform and development of basic research in China (1978-2018) [J]. Studies in Science of Science, 2018, 36 (12): 2125-2128.
[5]	Kessler F. Contracts of Adhesion--Some Thoughts about Freedom of Contract [J]. Columbia Law Review, 1943, 43 (5): 629-642.
[6]	E. Allan Vansworth. United States contract law [M]. China University of Political Science and Law Press, 2004: 22.
[7]	Xiao Youdan, Liu Haibo & Xiao Bin. Research on the Legal Nature of Research and Development Institutions Established by the State——Taking the Chinese Academy of Sciences for Example [J]. China Soft Science, 2018 (8): 1-9.
[8]	Liu Haibo & Liu Jinlei. Policy Analysis and Legislative Research on Governance of Scientific Research Institutions [J]. Journal of Renmin University of China, 2011 (6): 10-16.
[9]	Wu tong, Li Zhengfeng & Zeng Guoping. Evaluation of Basic Research and National Goals [J]. Studies in Science of Science, 2002 (04): 343-347.
[10]	U.S. House and Senate. America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act. [EB/OL]. https://science.house.gov/bills/the-america-creating-opportunities-to-meaningfully-promote-excellence-in-technology-education-and-science-act-competes. 2007-08-09/2020-02-15.
[11]	White House Office of Management and Budget & White House Office of Science and Technology Policy. FY 2021 Administration Research and Development Budget Priorities. [EB/OL]. https://www.whitehouse.gov/wp-content/uploads/2019/08/FY-21-RD-Budget-Priorities.pdf. 2019-08-02/2020-02-15.
[12]	Ask God to do it for me. What is the legal nature of research funding? [EB/OL]. http://m.sohu.com/a/318128438_808513. 2019-06-02/2020-02-15.
[13]	Council On Governmental Relations. The Bayh-Dole Act: A Guide to the Law and Implementing Regulations. [EB/OL]. https://www.cogr.edu/sites/default/files/The_Bayh-Dole_Act-__A_Guide_to_the_Law_and_Implementing_Regulations.pdf. 2015-07-18/2020-02-15.
[14]	Zeng Mingbin & Li Lingjuan. Challenges Facing China's Basic Research Management System and Countermeasures [J]. Bulletin of the Chinese Academy of Sciences, 2019 (12): 1440-1446.
[15]	The National Science Foundation. Proposal and Award Policies and Procedures Guide. [EB/OL]. https://www.nsf.gov/pubs/policydocs/pappg19_1/nsf19_1.pdf. 2019-02-25/2020-02-15.

Cite This Article

Plain Text BibTeX RIS

APA Style

Li Lingjuan, Zhang Changran, Luo Xianjue. (2020). Legal Environment Analysis of Basic Research in China. American Journal of Applied Scientific Research, 6(1), 13-23. https://doi.org/10.11648/j.ajasr.20200601.12

Copy | Download

ACS Style

Li Lingjuan; Zhang Changran; Luo Xianjue. Legal Environment Analysis of Basic Research in China. Am. J. Appl. Sci. Res. 2020, 6(1), 13-23. doi: 10.11648/j.ajasr.20200601.12

Copy | Download

AMA Style

Li Lingjuan, Zhang Changran, Luo Xianjue. Legal Environment Analysis of Basic Research in China. Am J Appl Sci Res. 2020;6(1):13-23. doi: 10.11648/j.ajasr.20200601.12

Copy | Download

@article{10.11648/j.ajasr.20200601.12,
  author = {Li Lingjuan and Zhang Changran and Luo Xianjue},
  title = {Legal Environment Analysis of Basic Research in China},
  journal = {American Journal of Applied Scientific Research},
  volume = {6},
  number = {1},
  pages = {13-23},
  doi = {10.11648/j.ajasr.20200601.12},
  url = {https://doi.org/10.11648/j.ajasr.20200601.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ajasr.20200601.12},
  abstract = {Basic research will become a leading force and strategic engine for the future world development. The establishment of the legal system of basic research provides an all-round institutional guarantee for the vigorous development of basic research. The development of basic research cannot be separated from a good legal environment. Two dimensions of legal environment analysis of basic research are constructed: The first is the composition of the legal subject of basic research and the nature of basic research behavior, the second is the typical problem of basic research in China and the legal system it requires. Based on the above research frame, There are five main legal problems about basic research in Chnia: The lack of legislation on basic research subjects (scientific research institutions); The actual weakening of basic research guarantees under the existing governance framework; The lack of legislation for scientific research funding and the lack of supervision; The lack of integrity in the legal environment for basic research; The legal system of transformation of achievements focuses on dislocation. In order to solve the above problems, legislation should pay attention to the importance of basic research, guarantee the independence of basic research funding institutions and research institutions, and establish independent research funding management laws. Create an honest legal environment and social atmosphere conducive to basic research, establish a stable and effective legal system for protecting and using basic research results.},
 year = {2020}
}

Copy | Download

TY  - JOUR
T1  - Legal Environment Analysis of Basic Research in China
AU  - Li Lingjuan
AU  - Zhang Changran
AU  - Luo Xianjue
Y1  - 2020/03/10
PY  - 2020
N1  - https://doi.org/10.11648/j.ajasr.20200601.12
DO  - 10.11648/j.ajasr.20200601.12
T2  - American Journal of Applied Scientific Research
JF  - American Journal of Applied Scientific Research
JO  - American Journal of Applied Scientific Research
SP  - 13
EP  - 23
PB  - Science Publishing Group
SN  - 2471-9730
UR  - https://doi.org/10.11648/j.ajasr.20200601.12
AB  - Basic research will become a leading force and strategic engine for the future world development. The establishment of the legal system of basic research provides an all-round institutional guarantee for the vigorous development of basic research. The development of basic research cannot be separated from a good legal environment. Two dimensions of legal environment analysis of basic research are constructed: The first is the composition of the legal subject of basic research and the nature of basic research behavior, the second is the typical problem of basic research in China and the legal system it requires. Based on the above research frame, There are five main legal problems about basic research in Chnia: The lack of legislation on basic research subjects (scientific research institutions); The actual weakening of basic research guarantees under the existing governance framework; The lack of legislation for scientific research funding and the lack of supervision; The lack of integrity in the legal environment for basic research; The legal system of transformation of achievements focuses on dislocation. In order to solve the above problems, legislation should pay attention to the importance of basic research, guarantee the independence of basic research funding institutions and research institutions, and establish independent research funding management laws. Create an honest legal environment and social atmosphere conducive to basic research, establish a stable and effective legal system for protecting and using basic research results.
VL  - 6
IS  - 1
ER  -

Copy | Download

Author Information

Li Lingjuan

School of Public Policy and Management, University of Chinese Academy of Sciences, Beijing, China
Zhang Changran

School of Public Policy and Management, University of Chinese Academy of Sciences, Beijing, China
Luo Xianjue

School of Public Policy and Management, University of Chinese Academy of Sciences, Beijing, China

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Li Lingjuan, Zhang Changran, Luo Xianjue. (2020). Legal Environment Analysis of Basic Research in China. American Journal of Applied Scientific Research, 6(1), 13-23. https://doi.org/10.11648/j.ajasr.20200601.12

Copy | Download

ACS Style

Li Lingjuan; Zhang Changran; Luo Xianjue. Legal Environment Analysis of Basic Research in China. Am. J. Appl. Sci. Res. 2020, 6(1), 13-23. doi: 10.11648/j.ajasr.20200601.12

Copy | Download

AMA Style

Li Lingjuan, Zhang Changran, Luo Xianjue. Legal Environment Analysis of Basic Research in China. Am J Appl Sci Res. 2020;6(1):13-23. doi: 10.11648/j.ajasr.20200601.12

Copy | Download

@article{10.11648/j.ajasr.20200601.12,
  author = {Li Lingjuan and Zhang Changran and Luo Xianjue},
  title = {Legal Environment Analysis of Basic Research in China},
  journal = {American Journal of Applied Scientific Research},
  volume = {6},
  number = {1},
  pages = {13-23},
  doi = {10.11648/j.ajasr.20200601.12},
  url = {https://doi.org/10.11648/j.ajasr.20200601.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ajasr.20200601.12},
  abstract = {Basic research will become a leading force and strategic engine for the future world development. The establishment of the legal system of basic research provides an all-round institutional guarantee for the vigorous development of basic research. The development of basic research cannot be separated from a good legal environment. Two dimensions of legal environment analysis of basic research are constructed: The first is the composition of the legal subject of basic research and the nature of basic research behavior, the second is the typical problem of basic research in China and the legal system it requires. Based on the above research frame, There are five main legal problems about basic research in Chnia: The lack of legislation on basic research subjects (scientific research institutions); The actual weakening of basic research guarantees under the existing governance framework; The lack of legislation for scientific research funding and the lack of supervision; The lack of integrity in the legal environment for basic research; The legal system of transformation of achievements focuses on dislocation. In order to solve the above problems, legislation should pay attention to the importance of basic research, guarantee the independence of basic research funding institutions and research institutions, and establish independent research funding management laws. Create an honest legal environment and social atmosphere conducive to basic research, establish a stable and effective legal system for protecting and using basic research results.},
 year = {2020}
}

Copy | Download

TY  - JOUR
T1  - Legal Environment Analysis of Basic Research in China
AU  - Li Lingjuan
AU  - Zhang Changran
AU  - Luo Xianjue
Y1  - 2020/03/10
PY  - 2020
N1  - https://doi.org/10.11648/j.ajasr.20200601.12
DO  - 10.11648/j.ajasr.20200601.12
T2  - American Journal of Applied Scientific Research
JF  - American Journal of Applied Scientific Research
JO  - American Journal of Applied Scientific Research
SP  - 13
EP  - 23
PB  - Science Publishing Group
SN  - 2471-9730
UR  - https://doi.org/10.11648/j.ajasr.20200601.12
AB  - Basic research will become a leading force and strategic engine for the future world development. The establishment of the legal system of basic research provides an all-round institutional guarantee for the vigorous development of basic research. The development of basic research cannot be separated from a good legal environment. Two dimensions of legal environment analysis of basic research are constructed: The first is the composition of the legal subject of basic research and the nature of basic research behavior, the second is the typical problem of basic research in China and the legal system it requires. Based on the above research frame, There are five main legal problems about basic research in Chnia: The lack of legislation on basic research subjects (scientific research institutions); The actual weakening of basic research guarantees under the existing governance framework; The lack of legislation for scientific research funding and the lack of supervision; The lack of integrity in the legal environment for basic research; The legal system of transformation of achievements focuses on dislocation. In order to solve the above problems, legislation should pay attention to the importance of basic research, guarantee the independence of basic research funding institutions and research institutions, and establish independent research funding management laws. Create an honest legal environment and social atmosphere conducive to basic research, establish a stable and effective legal system for protecting and using basic research results.
VL  - 6
IS  - 1
ER  -

Copy | Download