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本文在论述科研机构立法的必要性时,主要说明以法管理科技事业是今后总的趋势,改革不应是对已有法律的侵犯,而是要以法为改革开路。本文主张未来的法律不仅适用于自然科学与技术研究机构,也应适用于社会科学研究机构。本文主张未来法律中应确定政府与科研机构的相互关系的基本原则,其中主要的是:政府应大力支持科研机构并将其成果用于促进社会、经济发展,允许实行所有权与经营权分离,可以有多种管理形式:政府管理、委托、承包、租赁,政府应以合同方式委托研究任务,以国家利益名义按行政程序下达之任务,如遇争议,通过诉讼加以解决。科研机构的权利与义务是未来法律的重要内容。本文建议,未来法律应规定:在各单位内实行结构性的分权制:设集体决策的权力机关作重大决策,由它选出行政首脑领导日常工作,另设学术评议机关负责咨询、顾问。与法律草案同时,还应制订若干配套的法律、法规。
When discussing the necessity of the legislation of scientific research institutions, this article mainly shows that managing science and technology by law is the general tendency in the future. The reform should not be a violation of existing laws, but should be based on the law as the reform. This paper argues that the law of the future applies not only to natural sciences and technology research institutes but also to social science research institutes. This article advocates the future law should determine the basic principles of the relationship between government and scientific research institutions, the main ones are: the government should vigorously support scientific research institutions and their achievements for the promotion of social and economic development, to allow the separation of ownership and management rights, you can There are various forms of management: government management, trust, contracting and leasing. The government should entrust research tasks in the form of contracts, assign tasks under the administrative procedure in the name of national interests, and resolve disputes through litigation if disputes arise. The rights and obligations of research institutes are an important part of the law in the future. This paper suggests that future laws should provide that structural decentralization should be implemented in all units: the organs of authority that make collective decisions make major decisions, and the leaders of chiefs of the administrations should be selected for routine work. An academic review agency should be set up as the consultant and adviser. Along with the draft law, a number of supporting laws and regulations should also be formulated.