私法自治原则下职务发明奖酬制度研究

职务发明法律制度旨在协调职务发明人与单位间的利益关系，鼓励相关主体创新，进而促进科技成果转化、加快创新型国家建设。然而《职务发明条例（草案）》中的职务发明奖酬制度约定优先原则极不稳定及政府对市场过度干预的现实，与职务发明制度立法目的背道而驰。因此，要实现对立法本质的回归，应坚持以私法自治为基础，建立以企业为主体、市场为导向的科技创新激励机制，充分发挥科技成果转化相关立法的激励作用。

Research on the Reward System of Employee Invention under the Background of Private Autonomy Principle〖HJ*2〗〖HJ〗

The legal system of employee invention aimed at coordinating interests between employee and unit, encouraging innovation, accelerating the development of innovation driven countries, promoting the scientific and technological achievements transformation. The instability of the precedence of agreement principle and excessive government intervention point to market, However, make the reward system of employee invention in regulations on Employee Invention (Draft) far away from the purpose of legislation. In order to catching on the nature of legislation, it should be based on private autonomy, formulating the incentive mechanism of science and technology innovation which taking enterprise as the main body and led by market, fully playing the motivation role of scientific and technological achievements transformation laws.