学术期刊出版中的代理行为失范及其规避

Academic Periodical Agent in the Publishing Industry: Improper Behaviors and Their Evasion

学术出版运营过程中作者和学术期刊社作为重要的民事主体,由于自身先天条件的不足,其相应的出版行为不可能做到事必躬亲。这就不可避免地涉及到有关的民事代理问题。分析了学术期刊出版运营实践中存在的广告代理、发行代理以及论文发表代理等代理行为,阐释了相关代理行为的特点、存在的突出问题并分析了其存在的原因,提出以现有法律规则为出发点,进一步规范学术期刊出版中的常见代理行为并就有关问题的解决提出相应的措施。

During the operation of academic publishing, authors and periodical presses act as main civil subjects. Due to their intrinsic limits, the presses cannot handle with all publishing activities and therefore civil agencies will be inevitably involved. In the paper, major agencies involving advertising, distribution and paper publishing for academic periodical publishing and operation were analyzed and their characteristics and main problems were discussed. Based on current laws and regulations, it advocates that common agent activities should be standardized and in the end, relative countermeasures were proposed.