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随着我国科技体制改革的不断深化和社会主义市场经济体制的逐步建立,全国技术合同与日俱增,涉及科技活动的纠纷案件也相应增多。为了正确处理科技纠纷案件,根据技术合同法以及有关法律、法规,结合审判、仲裁实践,现就处理科技纠纷案件中涉及的若干问题,提出以下意见,供你们在工作中参照执行。 一、关于技术合同的主体、诉讼主体和合同责任 技术合同的主体具有广泛性。我国公民、法人和其他组织只要具备履约能力,都可以订立技术合同,成为技术合同的主体。 1.机关法人、事业法人、社会团体法人可以订立技术合同。
With the continuous deepening of the reform of China’s science and technology system and the gradual establishment of a socialist market economic system, the number of national technology contracts has been increasing day by day, and the number of disputes involving scientific and technological activities has also increased correspondingly. In order to correctly handle scientific and technological dispute cases, according to the technical contract law, relevant laws and regulations, combined with trial and arbitration practice, we hereby submit the following opinions on some issues involved in the handling of scientific and technological dispute cases for your reference in the work. First, the subject of the technical contract, the subject of the litigation and the responsibility of the contract are extensive. As long as the citizens, legal persons and other organizations of our country possess the ability to perform the contract, they can conclude technical contracts and become the main body of the technical contracts. 1. Institutional legal persons, legal persons for business and social legal persons may conclude technical contracts.