论科技法产生和发展的两大文化基石

本文论述了科技立法得以产生、发展和完善的两大文化基石———科学主义和人文主义。正是科学主义与人文主义两大文化的渊源、冲突、融合及演化,构成了科技法产生、发展的文化条件,这是许多学者很少或根本没有关注的。作为回应,科技法从它产生之初,就承担起承载两大文化价值追求即真、善、美的历史重任,并以此获得了科技立法的最高价值取向。

On two cultural cornerstones for the generation and development of scientific and technological law

This paper mainly deals with two cultural cornerstones, scientism and humanism, for the generation, development and perfection of the scientific and technological law legislation. It is the two cultural sources, conflict, fusion and evolution of the scientism and humanism that forms the cultural background for the generation and development of scientific and technological law. This is rarely or has never been noticed by many scholars. As a response, from its origination the scientific and technological law undertakes to carry the two cultural values, i.e. to assume the historical responsible for pursuing truth, virtue and beauty. Based on those, the highest value orientation was achieved for the scientific and technological law legislation.