Research On Administrative Law Of Scientific Misconduct In China

Scientific misconduct belongs to the category of moral evaluation essentially and the formation of scientific research contract provides a reason for administrative laws to intervene in this behavior.Administrative legislation bout scientific misconduct governance in China is comparatively perfect and it has already formed a relatively complete system.Compared with the legislation contrasts and practice situation,it will be found in the existing administration system that there are some remained serious problems to be solved.Consummating the legislation is the fundamental work of legal regulation of scientific research misconduct and the most prominent problems in current administrative legislation system is the chaotic system,unclear legislative content and the lack of related legislation.In practice,problems reflect on the governance institutions are not confirmed legally and the channel accusation access is unavailable.Hence,based on the existing legislation,the author analyzes the elements of scientific misconduct and the current situation,proposing suggestions to complete the administrative legislation of scientific misconduct in China.The paper is divided into five parts:the first part is to analyze the legitimacy of administrative law regulation scientific research from the Angle of scientific research activity management,the conclusion Angle of scientific research contract and the law track construction.At the same time,it makes clear a limit for administrative law to intervene in the regulation of scientific misconduct,and sets up a basic framework for the content of this paper,that is,only the regulation of scientific misconduct in administrative law is discussed;The second part introduces the theory of scientific misconduct administrative law regulation,from the misconduct in scientific research in our country at present the current situation of administrative regulation to formulate,on this basis,introduce scientific misconduct,definition,behavior main body,some basic concepts such as governance body;The third part is to put forward our country’s present scientific misconduct problems existing in the legislation and practice of regulating,mainly includes:the administrative legislation system chaos,legislative content not clear,the governance body status has not yet been implemented,the lack of supporting legislation;In the fourth part,the author puts forward some suggestions on the administrative regulation of scientific misconduct in China according to the previous analysis.