论学术不端行为的责任

The Responsibility of Academic Misconduct in China

在主观上,行为人的学术违规行为可以被分为"有意"或"非有意"违反规定的行为,前者被认定为学术不端行为,后者被视为不需要担责的诚实性行为。除重大过失之外,行为人不因一般过失而承担责任。在提出责任方式宏观结构和微观构成标准的基础上,探讨同类或不同类别责任方式的替代问题以及不同责任方式的相同或相似效果问题,构建学术不端行为责任方式的逻辑体系,确立数种责任方式并用及其先后使用的规则。

The laws and rules of our country clearly define that colleges and universities are directly responsible for investigating and punishing their academic misconducts. However, little systematic study of colleges and universities academic norms is seen. Subjectively, the acts can be divided into ＂intentional＂ or ＂unintentional＂ violation of the provisions, the former is identified as the academic misconduct, the latter regarded as honest acts that do not need to hear the responsibility. In addition to the gross negligence, the actor does not shoulder the responsibility for the general negligence. On the basis of these reasons, the article puts forward the macrostructure and microstructure standards of the responsible ways, explores the alternative problem of the same or different categories of responsibilities and the same or similar effective problem of the different categories of responsibilities, constructs the logic system of the responsible ways of the academic misconduct and establish the using rules of a number of the responsible ways.