Multidimensional Legal Research on the Transfer of Environmentally Sound Technologies in China

Abstract

The transfer of environmentally sound technologies has always been the focus of controversy to combat global climate change. The essence of the transfer of environmentally sound technologies is the coordination of interests among regions, with the aim of mitigating and adapting to global climate change. The realization of environmentally sound technology transfer mainly reflects the game between control and freedom, the coordination of public interests and private interests, and the equilibrium theory of supply and demand. Faced with the current situation of weak laws on the transfer of environmentally sound technologies, it is suggested that China needs to establish and improve the relevant legal system from the four dimensions of technology transfer law, environmental law, intellectual property law, and investment law, improve the legal system to realize the transfer of environmentally sound technology, and strengthen the connection between China’s laws and relevant international law rules. At the same time, in order to improve the management mechanism of environmentally sound technology transfer, it is suggested that China should propose legal measures to optimize the institutional system of environmentally sound technology transfer from three dimensions, namely the state, social organizations, and individuals, and form a governance model of multi-actor cooperative management to promote the transfer of environmentally sound technology between China and other countries to achieve the goal of coping with climate change and to protect the global environment.

1. Introduction

As people gradually realize the globalization of environmental issues, the transfer of environmentally sound technology has increasingly become the focus of controversy in various countries. Since the dissemination of technology greatly affects the comprehensive strength of a country [1] and countries undertake common but differentiated climate responsibilities internationally, countries have different attitudes towards the transfer of environmentally sound technology. In general, the holders of environmentally sound technologies (mostly developed countries) refuse or restrict the transfer of technology to other countries on the grounds of trade liberalization and intellectual property rights, while the countries that demand environmentally sound technologies (mostly developing countries) advocate vigorously for the promotion of the transfer of environmentally sound technologies on the grounds of the realization of global environmental interests and the lack of their own capital and technology. As a major emerging developing country, China released the Construction Plan of the National Technology Transfer System in 2017. One of its aims is to comprehensively improve China’s technology supply and capability of transfer and diffusion and to realize the transfer and transformation of environmentally sound technologies.

At present, the research on the transfer of environmentally sound technology is relatively weak in domestic and foreign theoretical circles, and research mainly focuses on environmental science and resource utilization, economic system reform, meteorology, international law, and other fields. China has not yet conducted a comprehensive and systematic study on this aspect and lacks an overall level of rule-of-law analysis. In terms of specific content, the existing research on the transfer of sound technologies is mainly reflected in four aspects: concept definition, barriers to technology transfer, financial support mechanism, and technology transfer standards. In terms of concept definition, there is no uniform definition of environmentally sound technology. For example, Ma Zhongfa (2018) believes that clean energy technology refers to a technology system that does not have harmful effects on the environment and ecology and can use energy cleanly, efficiently, and systematically [2]. Li Zhuang and others (2021) posited that environmental and climate technologies refer to all relevant technologies that can help reduce and eliminate environmental pollution and ecological degradation, protect biodiversity, reduce the source of greenhouse gases or eliminate greenhouse gases, and act as means and ideas that can help adapt to the changing environment and climate, including system and institutional changes throughout the life cycle from product design, production, and consumption to disposal [3]. Wei Xiaoyu (2019) believed that environmentally friendly technologies have the same connotation as environmentally beneficial technologies and environmentally sound technologies. They all refer to technologies that cause less pollution, use resources in a relatively sustainable way, recycle more waste and products, and dispose of surplus waste in an acceptable way [4]. Mads Greaker and others (2014) believed that climate-friendly technology meant greenhouse gas emission reduction technology, focusing on increasing technology diffusion from industrialized countries to developing countries [5]. These concepts are difficult to distinguish because they have the same characteristics as and similar connotations to environmentally sound technologies. On the obstacle of technology transfer, the intellectual property protection of environmentally sound technology transfer is controversial. On the one hand, Shi Xueying and others (2018) posited that intellectual property rights constituted an obstacle to technology transfer, and there was a fundamental conflict between the profitability of transnational corporations and the public welfare of tackling climate change [6]; on the other hand, Zheng Shuqian (2013) believes that international environmental technology transfer is highly dependent on intellectual property rights. In order to realize the purpose of international environmental technology transfer, China needs to improve the relevant legal system of domestic law [7]. Of course, Javed Khan and others (2017) also proposed the use of a comprehensive interpretative structural model to help understand the barriers to technology transfer in research methods [8]. In terms of financial support mechanisms, the basic view formed by the domestic and international academic circles is that developed countries need to provide financial assistance to developing countries. In addition, Peng Yayuan and others (2022) proposed the path of GEF and the possibility of giving play to its financial advantages to help developing countries obtain green technology at reasonable prices through “incremental costs” and diversified financing tools [9]. With regard to the green technology bank established in recent years in China, Guo Tengda and others (2019) proposed that the green technology bank insists on providing services to promote the transfer and transformation of green technology and provide financial support services to promote the whole chain of green technology innovation, which is an innovative practice in the field of green development in China [10]. In terms of technology transfer standards, Peng Yayuan and others (2021) proposed that developing countries represented by China adopt the technology transfer standard of “prohibiting unreasonable and discriminatory” in bilateral investment agreements [11]. Li Lingjuan and others (2020) studied the technology transfer policy of the United States and posited that the technology transfer departments of American universities took preventive measures in cooperation with non-practicing entities (NPEs). The school’s technology licensing standard agreement required the licensee to provide a clear technology development plan and schedule. If the licensee failed to meet the predetermined requirements, the university had the right to terminate the agreement [12].

The purpose of this study is to further improve the legal system of the transfer of environmentally sound technology in China and make efforts to effectively respond to climate change and protect the ecological environment in theory. This paper expounds on the meaning, essence, and purpose of the transfer of environmentally sound technology and analyzes the legislative root of the legal system of the transfer of environmentally sound technology from three aspects. With regard to the problems in the legal system of the transfer of environmentally sound technology, this paper starts from two perspectives: first, the existing legal norms which were analyzed, respectively, from the technology transfer law, environmental law, intellectual property law, and investment law are weak. Second, the management mechanism of technology transfer is not perfect when analyzed from the aspects of the imperfect system and mechanism, unstable trading market environment, and the limited role of the public. In the part of countermeasures and suggestions, on the one hand, from the perspective of multi-dimensional law, it puts forward suggestions on building the legal system of environmentally sound technology transfer around technology transfer law, environmental law, intellectual property law, and investment law. On the other hand, from the perspective of this multi-dimensional subject, from the three aspects of the state, social organizations, and individuals, the paper proposes measures to improve the management mechanism of environmentally sound technology transfer.

2. Research Premise: To Fully Understand the Transfer of Environmentally Sound Technology and Its Theoretical Basis

As the starting point of multidimensional legal research on realizing environmentally sound technology transfer, comprehensively understanding the connotation and theoretical basis of environmentally sound technology transfer will help to accurately grasp the extension of relevant legal systems and management mechanisms.

2.1. Multidimensional Understanding of Environmentally Sound Technology Transfer

A comprehensive understanding of the transfer of environmentally sound technology can provide basic theoretical support for the study of the relevant legal path, which can be specifically analyzed from the three dimensions of basic meaning, essence, and purpose.

2.1.1. The Basic Meaning of Environmentally Sound Technology Transfer

Environmental sound technology refers to environmental technology with less pollution, more sustainable utilization of all resources, more recycling of waste, and more acceptable disposal of surplus wastes [13]. At present, the theoretical expression mainly includes environmentally sound technology, low-carbon environmentally friendly technology, climate-friendly technology, environmental technology, climate change adaptation technology, and so on. This paper uses the expression “environmentally sound technology”, which means technology that is not harmful to environmental protection. Technology transfer refers to the transfer of systematic knowledge regarding the manufacture of products, the application of technology or provision of services, etc., but does not include transactions involving only the sale of goods or rental of goods [14]. Therefore, realizing the transfer of environmentally sound technology means that professional knowledge, accumulated experience, and supporting equipment beneficial to environmental protection are transferred between two or more parties, which contains the flow and rational allocation of technical elements. At present, China’s high-quality economy is developing steadily, the construction of ecological civilization is progressing in an orderly manner, and the technological innovation capability has been significantly improved, which will become an advantage for China to transfer environmentally sound technology to foreign countries.

2.1.2. The Essence of Achieving Environmentally Sound Technology Transfer Is to Achieve Coordination of Interregional Interests

Environmentally sound technology transfer involves the interests of both the technology supplier and the technology demander. To ensure the smooth implementation of technology transfer, it is necessary to balance the interests of two or more parties [15]. Previously, the U.S. distorted China’s compulsory technology transfer in the case of WTO v. China on technology transfer, which was ultimately due to the loss of its own interests. In other words, if the interests of the technology supplier in the process of environmentally sound technology transfer can be satisfied without seriously damaging the interests of technology-demanding countries, the realization of environmentally sound technology transfer should not be a problem.

To be specific, the interests of the technology supplier are mainly reflected in their monopoly position, intellectual property rights, and investment interests. The benefit of the technical demand side is reflected in the capital, personnel, and equipment. In order to make the technology supplier give up its monopoly position and provide its own environmentally sound technology and other intellectual property rights (mostly patent rights), and at the same time, for the technology demander to provide financial support for technology transfer, establish supporting equipment in its own region, and help to introduce high-level talent and other measures, the key is to coordinate regional interests. However, China is not only a technology-demanding country but also a technology supplier. When realizing environmentally sound technology transfer, China should ensure the coordination of the interests of both parties and multiple parties to the maximum extent without harming its own interests, which also demonstrates China’s responsibility as a major country.

2.1.3. The Purpose of Achieving Environmentally Sound Technology Transfer Is to Mitigate and Adapt to Global Climate Change

The ultimate goal of realizing the transfer of environmentally sound technology is to solve the problem of climate change and protect the living environment of human beings. Climate change poses a great threat to the survival and development of human beings around the world. In order to mitigate and adapt to global climate change, the concept of environmental protection and pollution prevention and control must win support among the people, and the realization of environmentally sound technology transfer is an important measure to deal with climate change.

Climate change is an accelerating crisis: the consequences of omission will become more serious over time, and these consequences are just the catalyst for a series of interrelated social problems [16]. Only through continuous human efforts to propose new solutions can the hazards and risks of global climate change be gradually reduced. The realization of environmentally sound technology transfer emphasizes the exchange of technologies among countries as well as regions for development; the importance of the goal of mitigating and adapting to global climate change is evident. Stephen Humphreys posited that “today, it may not be effective to regard technology transfer as a simple issue of rights and obligations. Technology policy will succeed only if it is based on international cooperation” [17]. Fighting climate change is not just the responsibility of a particular country or entity but is a common mission of all human beings around the world. In the field of environmentally sound technology transfer, all countries must have an awareness of international cooperation and continuously explore various paths to promote environmental protection through technology and promote development through environmental protection.

2.2. Multidimensional Understanding of the Theoretical Basis of Environmentally Sound Technology Transfer

From the legislative root of the legal system of environmentally sound technology transfer, the realization of environmentally sound technology transfer mainly reflects the game between regulation and freedom, the coordination between public interest and private interest, and the balance between supply and demand.

2.2.1. The Game between Regulation and Freedom

The competition between government regulation and free trade has been running through the development process of international technology transfer rules, especially in the field of environmental technology transfer. The legal rules of environmentally sound technology transfer are also mostly reflected in multilateral environmental agreements. Some scholars say that the “technology transfer” clause in multilateral environmental agreements is not only an important means to share global economic benefits fairly and reasonably but also shoulders the heavy responsibility of protecting the global environment and avoiding ecological deterioration. From this perspective, free values provide a legitimate reason for the promotion of environmentally sound technology transfer among countries. The reason is that the free trade of technology among countries, on the one hand, can maximize the economic interests of countries so as to build a fair and reasonable new international economic order; on the other hand, the transfer of related technologies can meet the global environmental interests and protect human survival in the environment.

On this issue, the governments of developed countries initially took a regulatory attitude to deal with it. The most important reason is to protect intellectual property rights, which is the current international debate on whether the intellectual property system hinders the transfer of environmentally sound technology. Since most environmentally sound technologies exist in the form of patents, in order to protect the interests of the patentee, countries can master key technologies at home and maintain an international advantage. Technology suppliers, mainly developed countries, advocate restrictions and prohibitions on the transfer of environmentally sound technologies. In addition, the reasons for government control also include the lack of capital, market, human resources, culture, legal environment, and other factors in technology-demanding countries, and it is not easy to solve these problems.

In a word, freedom is the basis of control, and control is the expression of freedom. The realization of environmentally sound technology transfer should be based on the free transfer of environmental patent technology from one country to another. However, this freedom is not absolute; the government can appropriately control it under the premise of following the international order to maintain its economic security.

2.2.2. Coordination between Public and Private Interests

Public interests and private interests present a complex relationship that is both unified and contradictory. Achieving the balance between the two requires an appropriate choice [18], especially in the realization of environmentally sound technology transfer. It reflects the conflict between the objective requirement that all human beings deal with climate change and the protection of the private interests of intellectual property rights holders. Only by insisting on the coordination between public interests and private interests can good results ultimately be achieved.

First, the transfer of environmentally sound technologies is intended to cope with global climate change and protect human environmental interests. So far, all countries across the world have reached a consensus on coping with climate change, and it is self-evident that we should promote environmental justice with environmentally sound technologies [19]. While climate change is a major global problem that humans face in the modern and contemporary age, the transfer of environmentally sound technology is a strategic arrangement for the international community to actively respond to climate change, as well as a key measure to achieve sustainable development and promote the construction of a community with a shared future for mankind. In addition to the commonweal purpose, the transfer of environmentally sound technology itself also reflects a public interest attribute beyond the state and individuals. Since environmentally sound technologies can reduce or avoid pollution, save resources, and promote clean production and other effects at a lower cost, the transfer of such technologies is also the embodiment of the public interest in environmental protection.

Second, protecting the private interests of intellectual property rights holders is an important consideration factor for the realization of environmentally sound technology transfer. From the beginning, intellectual property rights have been used as private rights to protect the intellectual achievements of the oblige. In the final analysis, environmentally sound technology is the intellectual crystallization of the inventor, and the premise of this transfer is to protect the private interests of the intellectual property rights holder. However, in the international community, most of the owners of environmentally sound technologies are from developed countries and multinational corporations. In order to maintain their monopoly position and obtain profits, they usually restrict the access of developing countries to relevant technologies, which also hinders the realization of environmentally sound technology transfer.

Third, the realization of environmentally sound technology transfer must adhere to the coordination of public interests and private interests. The commonweal embodied in the transfer of environmentally sound technology is in conflict with the private interest of intellectual property rights of the technology. If we want to coordinate the conflict between the two, we must adhere to the coordination of public interests and private interests. On the one hand, countries should protect the intellectual property rights of technology holders as much as possible; that is, developing countries need to pay a certain price to obtain relevant technologies. On the other hand, all countries must be oriented to address climate change and safeguard the common interests of all mankind. This is more reflected in the technology holder; that is, developed countries cannot use their technological advantages to force developing countries to accept unfair conditions.

2.2.3. Equilibrium of Supply and Demand

Marx’s theory of balance in supply and demand points out that the core problem of the realization of social reproduction is the realization of the value compensation and substantial compensation in kind of the total social products, which requires the balanced supply and demand between the internal consumption goods and the balanced supply and demand between the two major categories [20]. Therefore, achieving environmentally sound technology transfer requires balancing the supply and demand of relevant markets for technology.

From the international and domestic markets, environmentally sound technologies are in short supply, so it is very difficult to realize the transfer of environmentally sound technologies. Internationally, developed countries hold the most environmentally sound technologies because they have strong research and development abilities and high innovation levels, while many developing countries house agent processing plants for developed countries, which perform basic processing and production work and lack the guidance of core key technologies. As a result, the demand for technology in developing countries is greater than that in developed countries. In China, cleaner production technology has become more advanced, and the effect of pollution discharge and treatment has become more obvious. China has also been encouraging technological innovation, but there is still a big gap in independent innovation ability compared with developed countries. Therefore, the regional imbalance between supply and demand determines that the worldwide transfer of environmentally sound technology can be used to deal with climate change.

3. Research Question: Comprehensively Analyze the Status and Obstacles of Environmentally Sound Technology Transfer

Under the framework of the current legal system, the transfer of environmentally sound technology faces many obstacles and challenges, and the problems of the existing weak legal norms and the imperfect technology transfer system are obvious in China.

3.1. Weak Existing Legal Norms

At present, there are no special laws or regulations both inside and outside of China to directly regulate the transfer of environmentally sound technology. The relevant legal norms mainly include four parts. The first is relevant international and domestic policies and regulations on technology transfer; the second is a series of international environmental conventions and domestic environmental laws on technology transfer; the third is the international and domestic intellectual property protection clauses on environmentally sound technology; the fourth is the regulation clauses of technology trade in the international investment convention and the domestic and foreign investment law (see

Table 1. Main legal norms for the transfer of environmentally sound technologies.

Relevant Laws	International	China
Technology transfer law	Draft Code of Conduct on International Technology Transfer (not in force), Declaration on the Establishment of a New International Economic Order, a programme for the establishment of a new international economic order, Charter of Economic Rights and Duties of States, Regulations on Technology Import and Export(TIER)	National Technology Transfer System Construction Plan, Science and Technology Progress Law, Law on Promoting the Transformation of Scientific and Technological Achievements, National Technology Transfer Promotion Action Implementation Plan, Opinions on Accelerating the Development of Technology Market, Regulations on the Administration of Technology Import and Export
Environment law	United Nations Framework Convention on Climate Change, Kyoto Protocol, Paris Agreement, Agenda 21	Environmental Protection Law, Clean Production Law
Intellectual property rights law	Agreement of Trade-related Intellectual Property Rights (hereinafter referred to as TRIPs Agreement), Paris Convention for the Protection of Industrial Property Rights, Patent Cooperation Treaty	Patent Law, Trademark Law, Copyright Law
Investment law	Agreement on Trade-related Investment Measures(TRIMs), Bilateral Investment Agreements (BITs)	Foreign Investment Law
Other laws	Antitrust Act	Contract Law, Anti-unfair Competition Law, Anti-monopoly Law

below).

In terms of the distribution of laws and regulations, the relevant laws and regulations are mainly reflected in the following four fields: technology transfer law, environmental law, intellectual property law, and investment law; the norms in the four fields can be divided into international and domestic norms. In terms of the number of laws and regulations, the number of technology transfer laws, environmental laws, intellectual property laws, and investment laws decreases in order, and the number of international legal norms in each field exceeds the number of domestic legal norms in China. In terms of the effectiveness of laws and regulations, the technology transfer law is the most direct, while the laws in the remaining three fields are indirectly adjusted. However, it is worth noting that some international norms are still in draft form and have not yet come into force without the approval of participating countries. In terms of the relevance of laws and regulations, the technology transfer law is strongly related to the other three areas, while the three areas are less connected with each other and lack linkage. In the following, the author will analyze the current status of the regulation of environmentally sound technology transfer and its shortcomings in terms of the main legal norms in the four areas.

3.1.1. Technology Transfer Law

At present, the international law directly related to technology transfer is the Draft Code of Conduct on International Technology Transfer. On 5 April 1985, the United Nations Conference on the Code of Conduct for International Technology Transfer proposed this document. However, because technology transfer involves the significant political and economic interests of all countries, there are many disputes and great differences in the drafting process, and no agreement has been reached so far [21]. Although its two core themes, “protecting intellectual property rights and providing fair and reasonable conditions for technology transfer”, are still applicable to the implementation of international safeguards for environmentally sound technology transfer, from the perspective of effectiveness, the international community lacks legal norms directly related to technology transfer.

However, China has not formulated a special technology transfer law, and only the National Technology Transfer System Construction Plan issued by the State Council on 15 September 2017 is directly related to this aspect [22]. On the whole, although China has formulated some legal regulations containing the content of technology transfer, the effectiveness of these norms is low, and they are decentralized. They are not closely related to each other, and there is a lack of a national macro-level systematic legal document specific to technology transfer, which leads to the unclear ownership of subjects of relevant interest, the division of labor, and property rights in the process of technology transfer. To some extent, it restricts the development of technology transfer in China.

3.1.2. Environment Law

International environmental conventions, such as the United Nations Framework Convention on Climate Change and the Kyoto Protocol, contain “technology transfer clauses” that are the legislative authority for the transfer of environmentally sound technology between nations. As international environmental conventions are formed under the consensus of developed and developing countries, the conventions themselves have certain defects. In particular, the provisions on the transfer of environmentally sound technologies are often ambiguous. On the one hand, it has made practical steps towards fairness and rationality, but on the other hand, due to the interests of developed countries, many provisions of the convention do not truly reflect the goals of fairness and environmental protection [23].

However, the current environmental legal norms in China are scattered and lack internal logic between each other and depend on the uniform promulgation of the “ecological environment code” of the future. Most importantly, the content about the transfer of environmentally sound technology is less, and the relevant content is mostly expressed in terms of waste comprehensive utilization technology and pollutant treatment technology, which are inconsistent with international expression. In addition, China always emphasizes pollution prevention and control, pays attention to the innovative development of pollution control technology, and ignores the introduction and innovation of other environmentally sound technologies. The scope of technology transfer is relatively limited.

3.1.3. Intellectual Property Law

There is a close and complex relationship between the international intellectual property system and the transfer of environmentally sound technologies. International intellectual property conventions, such as the TRIPS Agreement, focus on private rights, regulate the transfer of environmentally sound technologies, and protect the interests of the rights holders and countries. From the content related to technology transfer in TRIPs, the transfer of environmentally sound technologies is strictly restricted, and its dominant right is completely in the hands of the intellectual property rights holders. Developing countries must meet strict conditions if they want to obtain and use relevant technologies from developed countries. As a result, the international intellectual property system itself has certain deficiencies from the perspective of the great disparity of intellectual property strength between developed and developing countries.

The domestic legal norms of intellectual property rights focus on stimulating the invention and creation of relevant technologies and promoting the transformation of scientific and technological achievements, with imperfect regulations on environmentally sound technology transfer. Take the Patent Law as an example: it focuses on protecting the exclusive rights of the patentee, overemphasizes the private interests, and neglects the responsibility of the patentee; that is, the patent holder returns to society and performs the role of innovator [24]. At the same time, the provisions of the Patent Law on the ownership of patent rights in the case of technology transfer are relatively simple, resulting in problems such as a low patent conversion rate in practice, which has a negative impact on the introduction of related technologies in the future.

3.1.4. Investment Law

In international investment law, although the TRIPS Agreement, as a treaty to promote the liberalization of international investment, does not involve the issue of technology transfer, the content of technology transfer has begun to be standardized in bilateral investment agreements (BITs) in recent years. From the perspective of international investment, the purpose of investment liberalization is to create a mutually beneficial situation in the context of the contemporary international division of labor. Foreign investors optimize global resources to improve productivity and efficiency, while host countries develop their economies through FDI, such as the transfer of advanced technology [25]. Therefore, technology transfer is also a reflection of the comprehensive strength of all countries.

China’s Foreign Investment Law has established a negative list system, a foreign investment security review system, and a foreign investment service system, which has greatly improved the business environment for foreign investment [26]. However, it does not clearly define the scope of foreign investment, has no regulations on technology investment, and has legal gaps in technology transfer. At the same time, China adopts the “prohibition of unreasonable and discriminatory” technology transfer standards in bilateral investment agreements (BITs) and lacks research on the prohibition rules of technology transfer performance requirements.

3.2. Imperfect Technology Transfer Management Mechanism

3.2.1. Imperfect System and Mechanism

This system and mechanism are the premise and basis for the research on the transfer of environmentally sound technologies. Only by building a reasonable technology transfer system and mechanism can the goal of technology transfer of environmentally sound technologies be achieved. As for the connotation of the system and mechanism, some scholars have stated that the system is a relationship pattern of rights, while the mechanism is a rule of using power. The two are interrelated and mutually restricted [27]. From the perspective of the system and mechanism, we analyzed the existing problems of environmentally sound technology transfer and then further proposed countermeasures.

First, the ambiguous power allocation of administrative organizations needs to be amended. Environmentally sound technology transfer is a task that involves numerous realms, and all parties need to reach a consensus based on their different positions and purposes. Due to the impel of public interest, environmentally sound technology transfer needs reasonable government regulation and control. At present, China’s technology transfer work is organized by the National Leading Group for Science and Technology System Reform and Innovation System Construction, and it is coordinated by the science and technology administrative department of the State Council. However, the relevant documents are of low rank, and the position of the leading group is not clear. The members of the leading group and the Ministry of Science and Technology are mostly the same, and the power allocation is unclear. When dealing with specific matters, it is easy to cause role confusion and ambiguous responsibilities.

Second, the coordination and sharing mechanism urgently needs to be improved. On the one hand, China’s technology transfer coordination work often involves multiple departments, such as the Ministry of Commerce, the National Development and Reform Commission, and the Ministry of Science and Technology. However, a set of reproducible and effective coordination specifications has not yet been established. On the other hand, the resources of environmentally sound technologies are limited, and many resources cannot demonstrate their best use to maximize effectiveness due to the narrow technology transfer channels. A platform dedicated to climate change technologies should be established to realize the flow and integration of information from the supply side and the demand side in order to make it possible to conduct safe, efficient, and transparent one-stop transactions of intellectual property licensing related to environmentally sound technologies [28].

Third, the financial incentive guarantee is a slow process. The innovation and introduction of advanced technologies require a large amount of capital investment and high operating costs. Developed countries are encouraged to transfer technology and provide financial support to underdeveloped countries internationally [29]. China, as a developing country, still lacks norms in its own incentive measures for technology transfer. The limited sources of financial funds, the difficulty of social capital input, and the lack of legal norms lead to a lack of conditions for the generation and transfer of relevant technologies, so the incentive guarantee of technology transfer cannot really work.

3.2.2. Unstable Trading Market Environment

First, the social environmental responsibility of enterprises is poor. The EU’s official definition of corporate social responsibility is as follows: “on a voluntary basis, enterprises combine social and environmental issues with the process of business operation and interaction with stakeholders” [30]. In the field of environmentally sound technology transfer, due to the impel of commercial interests and the lack of government guidance, transnational enterprises and domestic enterprises do not have a high degree of awareness of environmentally sound technology, do not fulfill or improperly fulfill their obligations in the actual process of technology transfer, and demonstrate a lack of autonomy over technology transfer, so enterprises that master advanced technology are suspected of abusing their dominant position in the technology market to restrict competition. It is in urgent need of effective guidance and supervision from international and domestic society.

Second, technology transfer institutions have limitations. Technology transfer institutions in China mainly refer to technology transfer service institutions and research institutions, which play an important role in increasing the environment technology flow and improving the quality of transfer [31]. First, China’s legal support for technology transfer institutions is insufficient. The laws and regulations related to the establishment and development of technology transfer institutions belong to the department rules at the highest level, and the effectiveness level is low, which is not conducive to supporting the development of technology transfer institutions. Second, there is a problem of asymmetric information in Chinese technology transfer organizations. Technology transfer institutions in China often lack an understanding of the relevant laws, policies, and credit of government institutions on the technology supply side, and their R&D capacity is limited compared with similar institutions in developed countries, so it is difficult to give full play to its role as a bridge. Thirdly, international technology transfer institutions, such as the Global Environment Facility, the World Bank, and the United Nations Development Programme, are not only under external pressure from a series of global conferences but also lack an effective internal management mode of technology transfer, which has little effect on the international environmentally sound technology transfer.

3.2.3. The Role of Public Is Limited

On the one hand, the formulation of relevant laws and policies lacks public participation to a certain extent. The Marxist mass viewpoint is the theoretical basis of public participation, which emphasizes the basic role of the public in social development. At present, in the construction of the country’s rule of law, public participation has gradually evolved into a legislative principle; that is, the public, as a social force, affects the development of the country’s rule of law by participating in the formulation of legal policies. However, there is little mention of public participation in the legal norms on the transfer of environmentally sound technology. The procedural and orderly nature of public participation needs to be strengthened, and the public’s law consciousness is weak. There is a lack of awareness of technology transfer [32].

On the other hand, the construction of technology transfer professionals is insufficient. The cultivation of professional talents is an important part of the country’s ability to realize the transfer of environmentally sound technologies. In addition to the introduction and dissemination of related technologies, it also requires matched professionals to promote the implementation of technology transfer in China. Most importantly, with the transfer of environmentally sound technologies, recipients of cutting-edge methods and equipment can learn how to use these technologies [33]. Since the transfer of environmentally sound technology is a comprehensive and systematic project, it involves all aspects of social life, including politics, economy, law, etc. Therefore, professionals need to be familiar with relevant laws and policies, as well as technology and market [34]. Although China has invested a lot in this field, there is still a shortage of relevant interdisciplinary professionals.

4. Multidimensional Law: The Basis for Realizing the Transfer of Environmentally Sound Technology

Establishing and perfecting the legal system of environmentally sound technology transfer is the premise and foundation of international and domestic environmentally sound technology transfer. In the face of the current weak legal norms, it is necessary to establish a sound legal system to realize the transfer of environmentally sound technology. Of course, with the improvement of comprehensive strength and international influence, China is playing an increasingly important role in global governance and international affairs, which requires the Chinese legal community to respond to the international rule of law practice with a higher level of research [35]. Accordingly, strengthening the relationship between Chinese laws and relevant international law rules is also the key to the establishment of China’s legal system of environmentally sound technology transfer. Therefore, in order to realize the legalization of the transfer of environmentally sound technology, this paper proposes the establishment of a legal system for the transfer of environmentally sound technology in China from the four dimensions of technology transfer law, environmental law, intellectual property law, and investment law, in combination with relevant international law rules.

4.1. The First Dimension: Technology Transfer Method

In order to realize the systematization and specialization of the legislation on environmentally sound technology transfer, a legal system of environmentally sound technology transfer should be established with the environment technology transfer law as the core, the Law of Scientific and Technological Progress, and the Law on Promoting Transformation of Scientific and Technological Achievements as the backing, and the National Technology Transfer System Construction Program and other normative documents as the important support. In the dimension of special laws to realize the transfer of environmentally sound technology, China should start from the perspective of a legislative concept, ownership of property rights, transfer behavior, and orderly supervision to build a regulatory space for technology transfer and form a special regulatory legal system for the transfer of environmentally sound technology in China.

4.1.1. Legislative Idea

The legislation to achieve environmentally sound technology transfer must focus on sustainable development rather than purely for the purpose of strengthening technology transfer. The concept of sustainable development originated from the field of environmental protection and has now become the overall strategy for the country to guide development. Adhering to the sustainable development of technology transfer means pushing technology out of the hands of inventors and targeting more entities that need technology to promote production so that environmental interests and economic interests can be effectively coordinated. China should separately formulate a technology transfer law as the main legal basis for addressing climate change and realizing environmentally sound technology transfer and take the concept of sustainable development as the legislative concept of technology transfer law. It is the duty of every legal subject to emphasize that advanced technology can be transferred among contemporary people but also that it cannot endanger the invention of new technology by future generations.

4.1.2. Property Ownership

Clear property rights are the premise and foundation of technology transfer. There is no doubt that the ownership of the relevant technology belongs to the creator of the invention before the transfer, and the rights and interests of the relevant subject should be clarified through other laws. Secondly, in the process of relevant technology transfer, the property right should be determined according to the situation. According to the different forms of technology transfer, such as technology investment, technology license, transfer contract, etc., the ultimate owners of technology are also different. Finally, special attention needs to be paid to “forced technology transfer”. The United States once submitted a request for consultation to the WTO Dispute Settlement Body on the basis that China had forced technology transfer in response to foreign investment, accusing China’s technology licensing measures of discrimination and provoking China–US trade frictions [36]. Therefore, technology transfer legislation should enhance the transparency of transfer procedures, clarify the ownership of related technology property rights, and eliminate the doubts of the technology transferor.

4.1.3. Transfer Behavior

The transfer behavior of technology transferors is at the core of the legislation system of environmentally sound technology transfer. Therefore, strengthening the legal regulation of technology transfer behavior is the focus of building a legal system for environmentally sound technology transfer. Technology transfer behavior can be divided into technology transfer behavior and technology use behavior in terms of whether ownership is transferred. The former is transferred with the technology, while the latter is only the licensing behavior of technology and should not exceed the limit of use. In order to legalize the use of technology, in the technology transfer law, it should be clear that the competent authority can impose penalties on illegal acts, such as prohibiting the technology recipient from using the relevant technology again, fines, competitive restrictions, etc. In order to carry out the technology transfer smoothly, supplementary provisions for the behavior of the technology transfer subject in accordance with civil law, intellectual property law, and other relevant laws can be formulated.

4.1.4. Orderly Supervision

Designing a regulatory system with clear responsibilities and a robust legal system is the prerequisite for the orderly regulation of the transfer of environmentally sound technologies. First, it is necessary to set up a special chapter for supervision in the Technology Transfer Law, which clearly stipulates the subject, object, scope, method, procedure, responsibilities, etc.; secondly, it is necessary to divide the scope of responsibilities of the supervision subject to avoid the phenomenon of “no authority, no control” and “have the right to leave it alone”; finally, it is necessary to clarify the goals and tasks of supervision. This refers to the right to promote the rule of law in the transfer of environmentally sound technologies. Of course, due to China’s multicultural background and the familiarity of regulators with industry representatives, the issue of regulatory discretion may have an impact on the regulatory order [37].

In addition, as technology issues involve the political and economic interests of the country, China should also learn from international documents such as the Code of Conduct on International Technology Transfer (Draft) on technology transfer transaction standards, technology transfer conditions, and access to technical information, and strive to promote an agreement on the basic content of the code of technology transfer at relevant United Nations conferences on international technology transfer and improve the international legal system for technology transfer.

4.2. The Second Dimension: Environment Law

Although the application of technology leads to various ecological and environmental problems, it is also one of the most important means to achieve sustainable development. The economic development of human society is inseparable from the role of environmentally sound technology. Therefore, the transfer of environmentally sound technology should be included in both international environmental conventions and Chinese environmental law. Starting from the deficiency of existing environmental laws in China, the author proposes the following suggestions, with the hope of promoting the formation of a new international environmental order while perfecting the relevant content of our environmental law.

4.2.1. Unify Related Content of Technology Transfer

The realization of environmentally sound technology transfer largely depends on complete and unified environmental laws. In order to solve the problem of scattered environmental laws and regulations, China can uniformly stipulate the transfer of environmentally sound technologies during the formulation of the “Eco-Environmental Code” in the future—specifically, in the existing draft of the “Eco-Environmental Code” regulations on technology transfer can be added to the general rules, such as pollution prevention and control, circular economy and comprehensive utilization of waste, so as to achieve the goal of transferring environmentally sound technology to promote environmental protection. At the same time, when formulating the relevant content, it is necessary to strengthen the expected implementation effect of environmental laws and regulations and strengthen environmental law enforcement to encourage enterprises to develop and apply environmentally sound technologies.

4.2.2. Expand the Scope of Technology Transfer

Although environmentally sound technology takes pollution control technology as the core, it also includes energy conservation technology, clean technology, and other technologies. China’s environmental laws and regulations should stipulate the scope of environmentally sound technology transfer in a broad sense, strive to explore its extension and connotation, and enrich the environmental legal theoretical basis of environmentally sound technology transfer. Of course, while stipulating the transfer of environmental technology between regions, China’s environmental law should also bring the relevant content of technology transfer between China and other countries into the scope of protection to create a good institutional environment for technology transfer. Moreover, the technology transfer of environmental law should also be consistent with the relevant provisions of technology transfer law in terms of expression and scope.

4.2.3. Actively Promote International Cooperation on the Transfer of Environmentally Sound Technologies

On the one hand, China should actively participate in the discussions on the transfer of environmentally sound technologies held by the United Nations and other organizations by virtue of the relevant provisions in the international environmental conventions and treaties it has concluded and acceded to so that the international community can take into account the interests of developing countries when reaching relevant rules and making the relevant provisions more equitable and practical. For example, at the 27th Meeting of Parties to the United Nations Framework Convention on Climate Change (COP27) held in November 2022, under the solidarity and cooperation of developing countries represented by China, developed countries made rare concessions and reached an agreement on climate compensation for the first time—the “loss and damage fund” mechanism was established. The Sino–US Climate Dialogue, which was restarted under the direction of the US and Chinese leaders, also became the focus of attention at this conference, which injected a shot in the arm into global climate action. On the other hand, in combination with the current situation of the implementation of China’s domestic environmental laws, China can carry out extensive regional cooperation through platforms such as “the Belt and Road Environmental Technology Exchange and Transfer Center”, strengthen the exchange and sharing of environmentally sound technologies, improve the acceptance of relevant technologies with countries along the line, ensure the effective application of technology transfer, and promote the regional realization of environmentally sound technology transfer.

4.3. The Third Dimension: The Intellectual Property Law

Many countries insist that intellectual property is an important barrier to the transfer of environmentally sound technologies, as intellectual property laws impose tough conditions on the use of the technology by others in order to protect the rights of the obligee. However, the introduction of a strong intellectual property protection system can create a favorable environment for technological innovation and transfer, and countries can also benefit from the flexibility of international intellectual property agreements [38]. Therefore, the internationalization of intellectual property law is an important breakthrough to realize the transfer of environmentally sound technology and provides a legal basis for the goal of the coordinated development of public and private interests. From the perspective of intellectual property law, China should improve the patent ownership system, formulate environmentally sound technology standards, establish a patent compulsory licensing system, and strengthen the connection between China’s laws and relevant international law rules.

4.3.1. Patent Ownership System

Because most environmentally sound technologies appear in the form of patents, it is very important to define the ownership of patent rights in the process of technology transfer. In reality, the invention and creation of environmentally sound technologies are often inseparable from the material support of the unit, and the final ownership of the patent right is usually determined according to the contract agreement between the two parties, which leads to the situation of “right not to implement”; that is, the problem of a low patent conversion rate [39]. On the one hand, the law of our country should give the inventor and their unit the right to implement the request; that is, when the other party does not implement the patent, the inventor and their unit have the right to request that the other party implement the patent license. On the other hand, on the basis of the provisions of the preceding paragraph, incentive clauses for technology transfer should be established to promote the transformation of the patents into the hands of users. Of course, the ownership of patent rights should also be consistent with the ownership of property rights in the technology transfer law.

4.3.2. Environmentally Sound Technology Standards

Environmentally sound technology is also known as environmental protection technology, green technology, environmentally friendly technology, etc. Although there is no official unified definition, it has appeared in international documents many times, and its importance has been generally recognized by the international community. In the international context of global climate governance, combined with domestic reality, China’s “Patent Law” and other intellectual property laws should make a unified definition of environmentally sound technologies. Any established technology-based standard involves discretionary judgment on the applicability, format, and strictness of the standard [40]. Specifically, first of all, a conceptual distinction can be made in combination with the expressions in the documents of international organizations. Secondly, according to our country’s industry classification, there should be a further enumeration of environmentally sound technologies in the implementation rules of these laws. Finally, China’s “Standardization Law” should be drawn on to formulate, implement, supervise, and manage environmentally sound technology standards.

4.3.3. Compulsory Patent Licensing System

The compulsory licensing of environmentally sound technology patents refers to the system in which the national patent administration organ, in order to safeguard the public interest of the environment, grants the technology patents involving low-carbon environmental protection and green development to the use of others and pays the corresponding patent royalties without the permission of the patentee after applying for them by units or individuals with implementation conditions [41]. It can be seen from the international conventions and the legal practices of various countries that this system effectively balances the rights and interests of the patent holder and the public interest in environmental protection. As far as China is concerned, it is reasonable and feasible to establish a compulsory licensing system of environmentally sound technology patents, whether it is the reality of realizing the goal of “double carbon” or the sustainability of promoting the construction of ecological civilization [42].

4.4. The Fourth Dimension: Investment Law

There is great controversy internationally on whether technology transfer is a prohibited investment measure, and the focus of the controversy is whether the host country can compel foreign investors to conduct technology transfer. From the perspective of China’s legislation, since its accession to the WTO in 2001, the relevant legislation in China has explicitly removed the mandatory requirement for technology transfer [43]. In China’s current investment law, although not explicitly stated, foreign investors can use technology as a condition for entering our market. Therefore, environmentally sound technology, as a kind of advanced technology, should rightly be included in the adjustment of China’s investment law.

4.4.1. Reduce Technical Barriers to Trade

According to the Agreement on Technical Barriers to Trade of the World Trade Organization, member countries should strive to ensure that technical regulations and standards do not create unnecessary obstacles to international trade [44]. In view of the current situation that developed countries set technology barriers to transfer technology to other countries, as a responsible developing country, China should implement the principle of national treatment and most-favored-nation treatment in the law and policy of investment. Whether technology is transferred from other countries to our country or relevant technology is shared with other countries, China should provide convenient conditions for technology transfer, reduce technical trade barriers, strengthen their investment in environmentally sound technology, and promote the economic and environmental development of all countries. In addition, China should clarify its investment commitments in bilateral investment agreements and actively promote the conclusion of international treaties on environmentally sound technology investment with bilateral investment technology transfer standards to cope with the public pressure of “forced technology transfer” and the severe situation of global climate change.

4.4.2. Clarify the Scope of “Foreign Investment”

China’s Foreign Investment Law, as the direct legal basis for foreign investors to invest in China, does not stipulate the content of technology investment. Therefore, China should stipulate the content of technology investments in the laws and implementation rules for foreign investment and define the scope of “foreign investment” so that foreign investment in technology can be regulated by law. In terms of investments in environmentally sound technologies, attention should be paid to the legislation on the protection of environmental interests to maximize the satisfaction of environmental public needs while safeguarding the interests of investors. In terms of the provision, it should also be consistent with the current law, and more importantly, the subsequent interpretation and application of the provisions should be considered.

4.4.3. Properly Apply the Rules on the Prohibition of Technology Transfer Performance Requirements

As more and more countries have included in their investment agreements prohibitions on technology transfer performance requirements, China has also added prohibitions on technology transfer to bilateral investment treaties, emphasizing that no discriminatory measures should be taken against investors’ investments. However, this rule is rich in connotation and needs to be properly applied in combination with the actual technology investment of China and the contracting countries. Closely related to the transfer of environmentally sound technologies is the environmental protection exception; that is, the state can manage and even restrict and prohibit the activities of foreign investment in environmentally sound technologies for the purpose of protecting the public interest in the environment. When signing bilateral trade agreements, China should pay attention to the interpretation of the exception clauses and the restrictions on the applicable conditions.

5. Multidimensional Subjects: Guarantee for Realizing the Transfer of Environmentally Sound Technology

In order to solve the problem of the imperfect technology transfer management mechanism from the perspective of the state, social organizations, and individuals, this paper proposes governance measures to optimize the environmentally sound technology transfer system, forms a governance model of cooperative management through a multi-dimensional subject, and realizes the diversification of legal subjects of environmentally sound technology transfer.

5.1. The First Dimension: Nation

5.1.1. Clarify the Power Allocation of Management Organization

The reasonable allocation and effective operation of management power is an important connotation for achieving environmentally sound technology transfer, which is fundamentally related to the sustainable development of China. Firstly, China should clarify the status of the leading group in the relevant laws and regulations and improve the effectiveness level of the norms. Secondly, in the process of the technology transfer system construction, we should analyze the status of existing management organizations, clarify the management authority and functional scope of the Ministry of Science and Technology and the leading group, determine the boundary of their respective powers, and regulate the management of technology transfer to make the enforcement of administrative organs clearer. Finally, according to the authorization of laws and regulations, management organizations can help realize environmentally sound technology transfer by means of science and technology innovation planning, technology transfer regulation, permit approval, etc.

5.1.2. Establish a Technology Coordination and Sharing Platform

The construction of the technical coordination mechanism should adhere to the combination of theory and feasibility, not only to ensure that the establishment of the coordination mechanism can solve the problem of current non-standard coordination but also to adapt to the current management system and solve the problem in a timely manner. China’s coordination mechanism can be divided into the overall, field, and regional coordination, and the Ministry of Science and Technology, industry authorities, and provincial and municipal science and technology departments are responsible for coordinating and handling related affairs. Actively participating in the establishment of a sharing mechanism for environmentally sound technology is the institutional basis for China’s future technology transfer. China should not only establish information service platforms such as the National Science and Technology Achievements Network in China to promote exchanges and cooperation in related technologies but should also strive to promote international negotiations on climate change and environmental protection, promote the establishment of an international platform for sharing environmentally sound technologies, create a better international environment for technology sharing, and reduce the impact of institutional barriers on technology transfer [45].

5.1.3. Improve the Fund Incentive and Guarantee Mechanism

In view of the immature financial conditions for technology transfer, China should formulate relevant policies and regulations to further improve the corresponding financial support mechanism. First, it should broaden the source of its funds. China should improve the multi-channel fundraising mechanism, which is mainly funded by appropriations from the State treasury and long-term low-interest loans from policy banks and supplemented by enterprise investments, and expand the scope of technology transfer funds [46]. Second, it should optimize tax incentives. Among the existing preferential tax policies, China adopts tax relief and credit measures for technology R&D expenditure, which is a kind of prior tax incentive. On this basis, we should also consider rewarding risky R&D investment at the back end of the technological innovation cycle in order to provide additional incentives for individual innovation. Third, it should seek support from international financial mechanisms. From the perspective of the great disparity between developed countries and developing countries, developed countries should provide financial support to developing countries receiving technology transfer, and developing countries could also apply for assistance from international organizations or institutions such as the Global Environment Facility. In December 2022, the Kunming Montreal Global Biodiversity Framework was adopted at the second phase of the fifteenth Conference of the Parties (COP15) of the Convention on Biological Diversity. As the chair of COP15, China and the secretariat of the Convention on Biological Diversity have carefully designed a road map for negotiation and consultation, which has played a leading role in the adoption of the framework. Fund mobilization is a core objective of the framework. By 2030, at least USD 200 billion will be mobilized annually to implement the national biodiversity strategy and action plan. This includes developed countries providing at least USD 20 billion annually to developing countries by 2025 and at least USD 30 billion annually by 2030. If the “Framework” can be successfully implemented, it will play an important role in promoting the transfer of biodiversity conservation technologies, including many environmentally sound technologies, from developed countries to developing countries.

5.2. The Second Dimension: Social Organization

In the field of technology transfer, we have mainly discussed the response of enterprises and technology transfer institutions that have an important impact on the transfer of environmentally sound technologies.

5.2.1. Enterprise

As direct participants in the transfer of environmentally sound technologies, enterprises are primarily responsible for environmental protection and technological progress. Technology cooperation needs to be a joint effort between enterprises and governments, technology suppliers, and recipients. Enterprises are not only the main participants of technology transfer but also the beneficiaries of sustainable development. Therefore, enterprises need to take on social and environmental responsibilities. In terms of the types of participating enterprises, multinational enterprises are the main force of international technology transfer, and they should fulfill environmental obligations and transfer environmentally sound technologies automatically; state enterprises are the characteristics of China’s social and economic development and the will and interests of the government determine the behavior of state enterprises. In order to achieve the public welfare goal of environmental protection, it is the obligation of state enterprises to receive and transfer environmentally sound technologies. Private enterprises should establish the development concept of green management, implement the laws and policies related to the transfer of environmentally sound technologies, and assume maximum environmental responsibility.

5.2.2. Technology Transfer Organization

In the process of environmentally sound technology transfer, technology transfer institutions such as the technology transfer centers of universities and scientific research institutions and regional technology transfer alliances are the main channels for obtaining and disseminating relevant technical information. Therefore, the issue of information acquisition and dissemination by technology transfer institutions should be addressed. First of all, as a technique-demanding side, China’s technology transfer institutions should actively cooperate with enterprises to jointly carry out technical cooperation in the field of environmental protection. While familiar with the relevant laws and policies, the institutions should improve the service quality of institutions to lay a solid foundation for the introduction of relevant technologies. Secondly, as a technology supplier, China’s technology transfer institutions should improve their own R&D capabilities, actively cooperate with other countries in related technical services, establish technology demonstration bases, and jointly participate in international research programs to promote China’s environmentally sound technologies to reach a global level. Finally, international technology transfer organizations should actively strive to promote global technology transfer cooperation. As an important matter in the work of international technology transfer agencies, environmentally sound technology transfer especially emphasizes the support of developed countries and international organizations to developing countries. Facing internal and external pressures, international technology transfer institutions such as the German Stebbe Economic Promotion Foundation and the China International Technology Transfer Center should innovate more effective international technology transfer management models, encourage public and private sector financing, and guide and assist developing countries to successfully introduce new environmentally sound technologies.

5.3. The Third Dimension: Individual

Individual citizens can actively participate in the practice of technology transfer by participating in the formulation of laws and policies to achieve environmentally sound technology transfer and become one of the subjects of the rule of law to achieve environmentally sound technology transfer.

5.3.1. Participate in the Formulation of Laws and Policies for the Transfer of Environmentally Sound Technologies

In the field of environmental governance, the enthusiasm of the Chinese public to participate in legislation has been growing, and the Ministry of Environmental Protection has also made many useful attempts to promote public participation. For example, Jiaxing, with the Municipal Environmental Protection Federation as the leader, has publicly recruited the citizens’ environmental protection inspection team, environmental protection expert service team, ecological civilization preaching team, and environmental rights and interests maintenance center and invited people’s representatives, government, media, enterprises, etc., to participate in the evaluation of environmental project planning through the “round table” system [47]. However, due to the lack of institutional guarantees and participation channels, the level of public participation is still low. Therefore, in order to promote citizens to actively participate in the formulation of laws and policies on the transfer of environmentally sound technologies, China needs to establish and improve relevant laws and regulations, support the development of environmental protection organizations, and provide a legal basis and multiple channels for the public to participate in environmental protection.

5.3.2. Actively Participate in the Practice of Environmentally Sound Technology Transfer

In the handling of specific affairs, citizens assume the roles of the developers, transferors, and transferees of environmentally sound technologies, which are crucial to the realization of environmentally sound technology transfer. As developers of technologies, citizens can rely on platforms such as enterprises, universities, and research institutes to actively innovate, develop new environmentally sound technologies, and promote the transformation of scientific and technological achievements through various forms such as scientific research projects and talent introduction. As the transferor of technology, citizens can provide technology transfer and support services and enterprises through patent licensing contracts, subject research, and other forms, and they can manage the use of the transferred technology according to the contract. As the transferee of technology, citizens can grasp the development of global frontier technology and eliminate information asymmetry. At the same time, they can apply for funding from national and international organizations such as the Global Environment Facility to accelerate the implementation of technology transfer, which can give full play to the environmental protection role of environmentally sound technologies and promote the development of the country’s low-carbon economy.

6. Conclusions

In view of the challenge of weak legal norms and an imperfect management mechanism for technology transfer in the current environmental field, this paper proposes a new research idea of multidimensional law and a multidimensional subject. On the premise of following the basic laws of market development, we can adopt the means of legal adjustment and subject cooperation to coordinate communications between different countries and relevant technology trading markets within countries to maximize the role of environmentally sound technology transfer and to promote the sustainable development of human society. To form a complete legal system and system of environmentally sound technology transfer, this paper proposes that China should accelerate the promulgation of laws such as the technology transfer law, perfect the governance system of technology the transfer law, environmental law, intellectual property law, and investment law, reasonably allocate the right of management organization, and optimize the mechanism of technology coordination, sharing, incentives, etc. At the same time, enterprises, technology transfer institutions, and individuals should also actively participate in technology transfer in the environmental field to provide support to China to face the challenge of climate change and the transformation of the economic development mode.

The goal of the diversification of the legal system and subject of rule proposed in this paper is to mitigate and adapt to global climate change and promote China’s role in the transformation of technology receiver to technology supplier. In order to more comprehensively and accurately implement the rule of law measures, there is a need to scientifically evaluate the comprehensive impact of environmentally sound technology transfer on the sustainable development of human society. Based on the multidimensional research framework of the rule of law in this paper, more in-depth research is needed on the aspects of the specification of legal content, the incentive of the subject on the rule of law, the establishment of technical standards, etc., and to verify their feasibility in combination with the actual situation.