College Students’ Academic Misconduct Affirmation From The Perspective Of Legal Principles

In recent years, events about college students’ academic misconduct have appeared on network frequently, which makes all sectors of the society pay much attention to governing college students’ academic misconduct. The ministry of education has also issued a document "Notice about deal seriously with college students’academic misconduct (hereinafter referred to as" notice "), college have also published relevant measures without promotion。In this background, This study selects college students as objects and explores problems related to college students’ academic misconduct affirmation from the perspective of legal principles. It starts with settling connotation of college students’ academic misconduct, analyzes general theory about its affirmation, probes into problems existing in the affirmation and explores construction of systems used to affirm college students’ academic misconduct to provide reference for us to solve problems about academic misconduct. At the same time maintain the college students’legal rights, provide theoretical reference for college study style construction, Education management system and morden management ability, to promote administration according to law.Definition of college students’ academic misconduct is confirmed:i.e., it is the behavior that students disobey specifications when they take part in academic affairs and activities at the stage of higher educational cultivation. In a broad sense, college students’academic misconduct is the behavior that students betray academic spirits of academic community and disobey moral standards. In a narrow sense, it is the behavior that students disobey national laws and regulations, academic standards of academies and academic journals as well as rules formulated by schools. This paper mainly targets the narrow sense. The notice clearly points out academic misconduct includes the following aspects:copying, plagiarizing and peculating others’ academic achievements; tampering others’academic achievements; counterfeiting or tampering data and literatures and fabricating information; counterfeiting annotation; affixing signature in others’academic achievements without participation in creation; and misusing others’ signatures without permission etc. According to the theory of constitution of crime, The constitution of college students’ academic misconduct may include subject、objec、subjective aspects and objective aspects。There are some defects of in college students’ academic misconduct affirmation. Such problems involve the following aspects. In the aspect of entities, bases of affirmation is not uniform or supporting legislation is not comprehensive; effective grade of current standards is low and constraint scope is un-comprehensive; affirmation subjects’ set authority is ambiguous; right scope of colleges serving as affirmation subjects is not explicitly stipulated and institutions that carry out affirmation in reality have not been unified yet. In the aspect of procedures, procedure specifications about affirmation are lacked and rules of existing procedures have poor operability. In real life, inequality between colleges and students’ status results in the situation that they attach important to entities but neglect procedures in the process of affirmation. Liability form of affirmation is incompletely and liability form of colleges’ affirmation about students’ academic misconduct only involves criticism, disciplinary sanction, performance settlement as well as qualification and degree treatment. Behaviors involving civil and criminal liabilities are not connected to administration of justice effectively.Relief systems missed.In detail, fundamentality and hierarchy should be considered simultaneously in the aspect of affirmation standards; with respect to affirmation subjects, colleges’ leading role and diversified participation ought to be followed; considering affirmation procedures, procedures should be followed and justice ought to be guaranteed; in regard to affirmation results and punishment, it is necessary to combine punishment and education; and concerning right relief, relief system should be perfected to maintain students’ legal rights.