On Scientific Misconduct And Legal Response To The Phenomenon

In recent years, along with the continuous development of science and technology, scientific misconducts have been proliferating. In such a field of science and technology, all sorts of malpractices are intensified and the phenomenon of academic and scientific misconduct is alarming, which brings negative social influence. It not only causes widespread concerns throughout the society, but repeatedly alarms scientific communityAs early as the 1990s, there came a worldwid high tide in exploring and criticising scientific misconduct. Researchers from different countries, regions and disciplines did a lot of researches and analyses on scientific misconduct, one of the inevitable outcomes of science activity. Their efforts are from separate perspectives and mainly based on the social and historical background and context that they investigate. The theoretical research and practical exploration of science misconduct help science community and the whole society rationaly face the phenomenon of anomie and misconduct, correctly understand its root causes and evolution mechanism, scientifically build up both precautionary and resolving mechanism, properly handle contradictions and problems in the process of science and technology, and thus safeguard a pure, fair, legal and harmonious environment for the scientific community.The focus of this thesis can be divided into the following two aspects: scientific misconduct and its legal response. It firstly presents an all-around understanding, profound analysis and a detailed grasp of science misconduct, the inevitable outcome of science and technology development within social context; Secondly, it discusses how to prevent and resolve the science misconduct problem by means law or regulation. The central topic should always focus on the rule of law, which aims to resolve science misconduct, so that the author may take the advantage of his knowledge store to draw a scientific conclusion and achieve a rational innovation based on strong arguments and foundations.This research is meant to achieve such following objectives. The first one is to get a clear and rational understanding of the phenomenon of science misconduct, clarify the confusing definations of science misconduct, correctly understand its connotation and denotation, and analyze its multiple roots with reference to some concrete cases both at home and abroad. The second one is to make some efforts in exploring an effective coping mechanism of law responsible to science misconduct. Such an exploration can be divided into two sections: Ideality and Reality. In this part, arguments about ideality and superiority of legal means will provide theoretical support for legal coping mechanism. At last, in guidance of law system, some methodological conclusions will be proposed to solve science misconduct problem in our country.This thesis attempts to achieve some innovations in the following aspects. First, it tries a scientific analysis about the concept and meaning of scientific misconduct and a new understanding and interpretation of science misconduct from both broad and narrow perspectives; second, it gives a demonstration that science misconduct should be incorporated into law adjustment; third, with reference to the status quo of the adjustment of science and technology by law in China, the thesis tries a deep thought over how to systematically construct a healthy coping mechanism to science misconduct, improve the system of law about science and technology, and further promote the law-based control in science and technology operation.