The Innovation Impediment and Solutions to the New-Pattern R&D Institution from the Perspective of Legal Person

The new R&D institution has the status of an independent legal person, which is essentially an inevitable requirement for its independence of other organizations to achieve its own sustainable and high-quality development. However, as a new type of research and development institution of the “test field” of the science and technology system, there are currently three different legal person qualifications of institutions, enterprises and private non-enterprises. The unidentified identification makes it impossible to find a suitable location in the existing science and technology system in China, which causes misplacement of the existing law and the function of the new R&D institutions, and thus the new R&D institutions cannot be guaranteed as an important technological innovation force to promote innovation-driven development. Therefore, from the perspective of the development of new R&D institutions and the enhancement of national scientific and technological innovation capabilities, the development direction of the legal person attributes of new R&D institutions is speculated and expounded, clarifying the functional orientation in China’s science and technology system, and providing reference for the government to improve relevant supporting laws and regulations.