论科学不端行为的犯罪化-法学·法学理论专业论文.docxVIP

ABSTRACT1’he ABSTRACT 1’he existence of IⅥisconduct 1n Sclence 1s unlVersal ln space and permanent in time．In modem society，w ith the nerce competition of science and techn0109yj the misconduct in Science happens more frequently．HoweVer，the improVement of S＆T is playing more and more decisiVe role in the deVelopment of society．Thus，the misconduct in science would harm the s06iety than eVer before．At present，the regulation and control of misconduct in science in China mainly depend on the means of morality、 ciVil law and administration，but the result of regulation and control is beyond our will． The increasing trend of misconduct in science is not yet under contr01．Under this circumstance， misconduct in science that seVerely harms the society would be treated as criminal．It is a meaning如l and worthy system attempt to use public rights to ensure the heaIthy deVelopment of scientific research．From the angle of Criminologyj this essay makes use of the theory of Criminal Law to proVe the necessity and feasibility of criminal of misconduct in Science through survey seVeralinstances in the histor)，of science． Starting from the analysis of semantic meaning，the essay takes “Science and Research activity——impenllissible behavior in Science ——misconduct in Science”as the logic way．It analyses progressiVely the connotation and extension of some relatiVe concepts as well as their interrelationships， so that it w订l finally make sure the behaVior boundar．y that may become the behaVior of scientific research targeted by criminal administration——Distortion、 Fabrication and PlagiaU Next．it seeks the basis of criminal of misconduct in science from two levels，such as Theo拶and Practice．From the point of jurisprudence， the misconduct in science seriously harms the society and Should be punished．From the View of the practice，the misconduct in science plays plays a misleading and disturbance role in the deVelopment of scientific research，increasing the risks of failure，leading to the low