Abstract:
In the context of the global open science movement reshaping the academic communication ecosystem, the "Secondary Publishing Right" (SPR) has emerged as the core legal mechanism for correcting the structural imbalance between public financial investment and private publishing monopolies. This mechanism is designed to ensure that publicly funded scientific research outcomes can be seamlessly transformed into knowledge elements, thus enhancing the strategic output efficiency of public funds and serving as an institutional cornerstone for empowering and cultivating New Quality Productive Forces. China's academic publishing ecosystem is characterized by centralized state financial support, which grants it a structural advantage for promoting open access; implementing SPR can directly ensure the efficient transformation of public funds into an effective supply of knowledge elements. This is vital for cultivating New Quality Productive Forces and supporting high-level technological self-reliance and strength. However, the implementation of SPR in China still faces a "governance bottleneck" due to a lack of legal authority and detailed implementation rules. Through a comparative analysis of European legislative models—the technology-promotion, industry-coordination, and rights-exception types—it is recommended that China integrate and institutionalize SPR within its science and technology law system. By establishing it as a mandatory obligation for scientific and technological personnel , the state can utilize mandatory force to guarantee the efficient supply and circulation of knowledge elements, thereby supporting the factor-based allocation of research outcomes and the strategic goal of high-level technological self-reliance and strength.