Research On The Problem Of Administrative Law Liability In Scientific Misconduct

Since the research is considered to be the highest activity, the scientific research achievements and made great contributions to the economic and social development,affecting the development of science and technology progress to the economic society is obvious. To this end, China put forward the "science and technology is the first productivity" and "rejuvenating the country through science and education" strategy,which provides a great impetus to the progress of science and technology. However,the emergence of research misconduct in scientific research activities, is a kind of blasphemy. In view of the dangers of scientific misconduct, the social from all walks of life have been whether should curb the misconduct in scientific research to reach a consensus on scientific misconduct, appropriate regulation have also been put on the agenda. Therefore, in our country many laws and regulations such as the "law", "to promote the progress of science and technology achievement transformation of science and technology", "National Natural Science Fund Ordinance", "National Science and Technology Award", "the Ministry of education dealt with academic misconduct notice", "National Science and technology plan implementation research misconduct approach(Trial)" and so on, has the scientific misconduct set the relevant administrative legal responsibility. Unfortunately, in practice, the administrative legal liability is set did not play due effect. Specifically, in the various laws and regulations,about the definition of research misconduct is not unified, the subject of administrative legal responsibility is not clear, there is a conflict of administrative legal responsibility, accountability procedure and relief mechanism are blank, these problems led to the laws and regulations of the operability is not strong, the punishment of misconduct in scientific research is not enough. In view of this, to discuss these issues from the perspective of science of this paper, hoping to improve the system of administrative legal liability of any scientific misconduct in China.From the structure, this thesis consists of an introduction and two parts. "Introduction" part of the misconducts in scientific research administrative legal responsibility of the background and significance of the topic, the research content,the research mentality and the research methods and the research situation both at home and abroad are introduced, to support the theoretical framework of the whole article, clear the main research ideas, in order to pave the way for the main part of the paper.This paper is composed of four parts: the first part is theoretical analysis of the urbanization and the transformation of government functions, explains the connotation of urbanization and the transformation of government functions, and then analyzed the characteristics and functional change of local government in the process of urbanization, and introduces the strategic planning of the new urbanization; the second part as the urbanization process in the primary responsibility of the government, local government to build the legal system of the implementation of the law of regional planning, promote the optimization of urban layout, implementation of land management reform, supporting facilities and public service according to law and other functions; the third part is the analysis of the total structure of grassroots transformation of government functions, the lack of rule of law, from the overall planning and the layout and construction of the starting level of refinement from awareness of the law, administrative law enforcement, legal supervision basis, four aspects, discusses the basic government by law is caused by the lack of all kinds of illegal phenomenon; the fourth part to undertake the above, illustrates the basic path of transformation of local government functions in the process of urbanization is in accordance with the law the other path is a win-win cooperation.