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在人类迈向知识经济时代的今天,科技法律法规对社会的巨大作用日益凸显。近十几年来,我国的科技立法取得了巨大的成就。然而,以明确性、规范性、协调性、完备性和稳定性五个方面的要求来审视我国的科技法律法规,可以发现其存在着法律规定过于原则、规范之间相互矛盾冲突、立法层次过低、立法滞后、缺乏灵活性等立法质量问题,严重影响了对科技领域的社会关系的法律调控。因此,建立符合中国国情的、科学的科技法律法规的清理评价机制,遵循合理的清理评价标准,采用定期清理与专项清理相结合的法方法,以促进我国科技法律体系的完善已经是当务之急。本文从分析我国科技法律法规中存在的问题入手,对我国科技法律法规清理评价机制的建立及其应当注意的问题提出了自己的建议,以期对我国科技法律法规的完善有所助益。
Today, as mankind moves toward the era of knowledge-based economy, the great role of science and technology laws and regulations in society has become increasingly prominent. In the past decade or so, China’s sci-tech legislation has made tremendous achievements. However, examining China’s science and technology laws and regulations in terms of clarity, normativity, coordination, completeness and stability, we can find that there are laws and regulations that are too principled, that there are conflicting norms and that the legislative level Low legislation lags behind the lack of flexibility and other issues of legislative quality, seriously affecting the social relations in the field of science and technology regulation of the law. Therefore, setting up a clean-up and evaluation mechanism that is in conformity with China’s national conditions and science and science and technology laws and regulations and follows the reasonable standard of clean-up and appraisal, and adopting the method of combining regular clean-up with special clean-up to promote the perfection of our country’s science and technology law system is a top priority. This article starts with the analysis of the problems existing in the laws and regulations of science and technology in our country and puts forward my own suggestions on how to set up the clean-up evaluation mechanism of science and technology laws and regulations of our country and its problems that we should pay attention to in order to be helpful for the improvement of science and technology laws and regulations in our country.