科技成果轉化的制度障礙與消除－－以加快建設創新型國家為旨要

Barriers and Solutions in the Law System of Scientific and Technological Achievements Transformation: Aiming at Making China a Country of Innovators

黨的十九大政治報告指出，加快建設創新型國家，必須加強國家創新體系建設，深化科技體制改革，促進科技成果轉化。20多年來的實踐表明，國家委託開發的科技成果的轉化環節阻塞，根本原因是存在制度障礙，舊的不利於成果轉化的管理機制阻礙了法律關於促進科技成果轉化相關規定的有效實施。《科學技術進步法》和《促進科技成果轉化法》修改後促進科技成果轉化的規定雖然更加具體明確，但仍受桎於舊的行政管理體制，不能充分發揮其應有效能。因此，清理、廢除與法律相抵觸的行政規章勢在必行，同時，上述兩法修改時因遷就舊的管理體制而制定的某些規則也應再作修改，以期進一步完善科技成果轉化的法律機制，為實現國家科技發展戰略保駕護航。

The political report of the 19th National Congress of the Communist Party of China has pointed that we will work faster to make China a country of innovators. We will improve our national innovation system and further reform the management system for science and technology, as well as promote the transformation of scientific and technological achievements. Practice for more than 20 years has proved that there are several barriers to the transformation of scientific and technological achievements, which is entrusted to develop by our country, and the fundamental cause is the existence of institutional obstacles, that is, the old administrative mechanism which is adverse to achievements transformation has not been abolished, so it impedes the effective enforcement of laws, the purpose of which are to promote the transformation of scientific and technological achievements. However, there are more specific provisions relating to the promotion of scientific and technological achievements transformation in the revised Law of the People's Republic of China on Science and Technology Progress and Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements, both of which are subject to the old administrative mechanism, which impede the legal force of the laws. Hence, it is imperative to clear up and abolish administrative regulations and policies which are contrary to the new law, and revise the provisions of the laws, whose purpose are to cater to the old administrative mechanism, so as to perfect the legal mechanism of the transformation of scientific and technological achievements, and protect the realization of the scientific and technological development strategy of China.