Innovation and entrepreneur education is the important component of the college students ’ daily education, and it is in-creasingly paid attention by the colleges and universities. Based on the relationship between entrepreneurship and innovation, the incu-bation and operation of innovation projects can be divided into two models of “innovation-based type” and “traditional progressive type”. In general, although there is a difference between them, they are faced with some of the main legal problems, such as multiple re-lated subject and its legal relations, complex operational risk and legal responsibility and unclear income distribution and entityˊs suc-cessors. Therefore, we only strengthen the legal education and training, entrepreneurship, perfect business legal text, and regulate the be-havior of business management to ensure that the entrepreneurial activity orbits steadily along the track of the rule of law, so as to reduce operational risk as much as possible, promoting the healthy, sustainable development of the incubation operation.%创新创业教育是大学生日常教育的重要组成部分，日益受到高校的普遍重视。基于创业与创新的关系，创业项目孵化运营大体上可分为“创新驱动型”和“传统渐进型”创业模式，尽管二者存在一定区别，但均面临着相关主体及其法律关系多元、运营风险与法律责任复杂、收益分配与实体承继不清晰等主要法律问题，只有加强创业法律教育培训，健全创业法律文本，规范创业经营行为，才能确保创业活动在法治的轨道上稳健运行，才能尽可能地降低创业运营风险，促进创业项目孵化运营的健康、良性、可持续发展。
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