学术批评的法律界限问题研究——以我国法院审判实践为视角

Legal Boundaries of Academic Criticism from the Perspective of Court Trial Practice in China

学术批评是学术研究者基于平等、友善的态度,从自身的学术背景、思路、方法出发,表达对学术问题的理解与认识。而从宪法角度审视,学术批评对应宪法基本权利中的学术自由权,是公民享有在科学研究中自由地讨论、发现和分析问题,发表意见和提出不同的见解的权利。而在现实中,学术自由权经常与名誉权产生冲突,即学术批评引发的侵犯名誉权案件层出不穷。该类案件的特点为当原告主张被告侵犯名誉权时,被告多数用正当行使言论自由权进行抗辩,法院在进行判决时在一定程度上也采纳这种观点,使得学术自由权空转,或者说以通过保护言论自由权保护学术自由权。

Academic criticism can be defined as academic researchers express their understanding and awareness of academic issues from their own academic backgrounds,ideas and methods based on the equal and friendly attitude.It consists of both positive recognition and negative discrimination.It is a catalyst of academic progress and has become a way of communication recognized by the academia.From a constitutional point of view,academic criticism corresponds to the basic constitutional rights of academic freedom——the rights of citizens enjoy a variety of ways to engage in scientific and technological research,discuss,identify,analyze problems and express their opinions and put forward different views freely.In reality,academic freedom is often in conflict with the right of reputation,that is,cases of violations of the right of reputation caused by the academic criticism one after another.The characteristic of such cases is that when the plaintiff claims the defendant violated their right of reputation,the majority of the defendant defense that they exercise the rights to free speech legitimately.The judgment of the court adopts this view to a certain extent,making the right to academic freedom idling,or protecting the academic freedom through protecting the right to free speech.