Justice and Technology
(East China University of Political Science and Law,Shanghai,201620)
Abstract: The discussion of the relationship between law and science and technology is a common concern of department law and theoretical law, and perhaps an eternal problem. Because the development of science and technology is endless, the law must keep pace with the times, so legislation, justice and law enforcement will not face new challenges in science and technology, respond to new problems in science and technology, and solve new obstacles in science and technology. The positive function of law in the progress of science and technology mainly includes confirming the position of science and technology development in the national social life by law, determining the national strategy of science and technology development by legal means, organizing, coordinating and managing science and technology activities by legal means, etc. It can be said that without the protection of law, scientific and technological innovation will be impossible; without the promotion of law, scientific and technological development will be in vain. Scientific and technological progress and innovation also need the protection of justice. The "judicature" here is broad, including not only "national judicature" - the activities of resolving disputes conducted by national judicial organs in accordance with the laws formulated by the state, but also "quasi judicature" - the activities of resolving disputes conducted by social organizations, administrative institutions, arbitration institutions or individuals in accordance with national laws, science and technology policies, social rules or industry rules, including consultation, mediation Arbitration, etc. Without the extensive use of the above-mentioned "judicial" means, it is impossible to effectively resolve scientific and technological disputes, so as to maintain the harmony of scientific and technological order.
Key words: Legislation, Justice, Scientific and Technological Innovation, Legal Protection, Mediate