美国高校治理学术不端行为制度研究

A View of US Higher Learning Institutions' Systems of Rehabilitating Academic Misconducts

学术不端行为历来是美国高校致力于治理的问题,其包括作弊、抄袭剽窃、学术欺诈等具体表现。美国一些高校出台了相关规定,力图从处罚主体、处罚手段以及处罚程序等方面完善治理制度建设。法院为平衡高校与学生或教师之间的利益冲突,根据合同理论和对学术权力的司法尊重原则处理相关纠纷。美国高校治理学术不端行为制度对我国如何加强学术不端行为管理具有借鉴意义。

Academic misconduct is always a problem US higher learning institutions make effort to clean up,including cheating, plagiarism, academic deception and whatever. Some US colleges and universities have intro-duced relevant regulations, attempting to complete the construction of misconduct-treating systems in subject,means and procedure of punishment. To balance conflicts of interests between school and students or betweenschool and teachers, the courts of law deal with related disputes according to the legal principle of respecting aca-demic power and contract theory. In a word, the US collegiate system of cleaning up academic misconduct is of sig-nificance of reference to us in strengthening the management of academic misconduct.