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我国每年通过政府财政预算拨款资助的各级各类纵向科研项目不计其数,每年所花费的财政拨款数以亿元计。但对这些项目的立项、申请、评审、批准、实施、验收等方面应遵循的程序和其他要求,目前尚无统一的法律加以规范。对纵向科研项目审批权力监督与控制的法律缺位,导致项目审批过程中不透明、不公正、权力寻租现象大量存在。纵向科研项目审批行为属于非许可类的行政审批行为,我国应该尽快制定《纵向科研项目管理法》,从审批程序、专家评审机制、评审信息公开、异议复审救济、法律责任等方面加强对该类审批行为的规制,以确保审批权力的规范行使,理顺学术权力与行政权力的关系,保证国家财政资金的有效使用,促进国家创新能力的提升。
Every year, various types of longitudinal scientific research projects at all levels funded by the government budgetary appropriation each year countless billions each year, amounting to hundreds of millions of dollars in financial allocations each year. However, the procedures and other requirements that should be followed in establishing, applying for, reviewing, approving, implementing, accepting and accepting these projects are still not regulated by unified laws. The lack of laws on the examination and approval of power supervision and control of vertical scientific research projects has led to a large number of phenomena of opaqueness and injustice in the examination and approval of projects and the phenomenon of power rent-seeking. The longitudinal examination and approval of scientific research projects belong to the administrative examination and approval of non-permitted categories. Our country should formulate the “Longitudinal Scientific Research Project Management Law” as soon as possible, and strengthen the examination and approval procedures, expert review mechanism, review and adjudication relief, legal responsibility, etc. Examination and approval of the behavior of the regulatory, to ensure the normative exercise of examination and approval authority, straighten out the relationship between academic power and administrative power, to ensure the effective use of state financial funds, and promote national innovation ability.