The Problems and Improvement of Local Legislation on Compulsory Transformation of Job-Related Scientific and Technical
Ma Bo1, He Yingchun2
1.Inner Mongolia University,Huhhot 010070,China; 2.Inner Mongolia Autonomous Region State-Owned Assets Supervision and Management Information Service Center,Huhhot 010055,China
Abstract：Based on the need of the policy for encouraging the scientific and technical personnel to participate in the transformation of their scientific and technological achievements,three modes,which are compulsory licensing mode,statutory licensing mode and march-in-right mode,have been formed in the practice of local legislation on the involuntary transformation of scientific and technological achievements which are not implemented within the reasonable period of both the institutes of higher education and the scientific research institutes.From the point of view of legal system,the three models lack legitimacy and systematization,which impinges on the existing science and technology policies and institutions.Based on the dual attribution model in Article 20 of Scientific and Technological Progress Law of the People′s Republic of China,local legislation in the future should provide external institutional support for scientific and technological personnel to convert scientific and technological achievements by granting them the status of holders and giving priority to the implementation of conversion rights.
马波, 何迎春. 科技人员强制转化闲置职务科技成果的地方立法不足及完善对策[J]. 中国科技论坛, 2020(1): 16-24.
Ma Bo, He Yingchun. The Problems and Improvement of Local Legislation on Compulsory Transformation of Job-Related Scientific and Technical. , 2020(1): 16-24.
2020, 
