Social Sciences in China (Chinese Edition)

No.9, 2020

The Functional Regulation of Scientific Research Contracts

(Abstract)

Hu Ming

The funding of scientific research has shifted from power control to contract regulation. Governance innovation is a necessary requirement that coincides with the regulation of scientific research contracts. To promote effective governance of scientific research funds, we need to clarify the attributes of scientific research contracts. However, whether such contracts are defined as administrative, civil or combined, the question of the governance of scientific research funding remains difficult to resolve. If we look at the full picture of the nature of scientific research contracts, we can see that they should be defined as a fusion of public and private; only thus can they fit the characteristics of the scientific research relationships and the development of regulations for scientific research contracts. The regulation of scientific research contracts should follow the legal order of freedom of scientific research, constructing a functional regulation model compatible with the nature of the contracts and creating an innovative system of functional regulations. The institutionalization of these functional regulations should not only supplement non-consensual elements with binding force but also reconstruct consensual elements, thereby forming a normative system with systematic content, clear logic, and explicit authority and responsibility. We can thus use functional regulation as the bridge between contract regulation and governance innovation to promote the modernization of the governance of scientific research funding and governance capabilities.