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Toward Responsive Law:Reflection and Perfection of Legislation of Science and Technology Decision Making in China |
Hu Ruoming |
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Abstract There are obvious characteristics of “pressing law” in the legislation of science and technology decisionmaking in china, which is manifested in the external views of scientific experts, the public and other representatives failed to flow into the administrative organs, the administrative discretion lacks effective restraint, the Law on Science and Technology Progress has too strong binding on local legislation. The pressing scientific and technological legislation model has appeared many problems in practice, and has greatly affected the progress of science and technology in our country. It is necessary to reflect on the legislation of science and technology decisionmaking in China, and try to break the monopoly of the government’s decisionmaking power and introduce scientific and technological experts and the public as the main body of decisionmaking; reference to the “Major administrative decisionmaking procedure system” and establish scientific and technological decisionmaking procedure mechanism; encourage grassroots government to standardize itself, and combine the filing review and regulatory documents collateral review system to ensure the coordination of legal order and effective governance, establish a new legislative model, that is, legislative model of “responsive” scientific and technological decision making.
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