法律介入科研诚信规制的必要性及立法完善

The Necessity and Legislation Improvement of Legal Intervention in the Regulation of Scientific Research Integrity

我国实施创新驱动发展战略,尤其要以科技创新带动全面创新,而科研诚信是科技创新的基石。目前我国科研诚信的立法活动还处在起步阶段,相关法律规定分散在不同的部门法律里,并多以层次较低的部门规章、条例和地方性法律政策为主,相应的也有很多法律漏洞。以上法律制度缺陷导致大量的学术不端行为没有得到相应惩戒和问责。而科研领域的违法成本过低也无形中造成了科研失信行为和科研违法行为屡禁不止。因此,文章通过探讨现有相关立法现状以及存在的问题,提出完善科研诚信法律制度的建议。

Since our country has implemented innovation-driven development strategy which in particular expects scientific and technological innovation to promote comprehensive innovation,the scientific research integrity is regarded as the cornerstone of the scientific and technological innovation.At present,the legislative activities of scientific research integrity in China are still in the initial stage.The relevant laws and regulations are scattered in different sectoral laws most of which are classified into lower departmental regulations and local laws and policies with many legal loopholes.The shortcomings of the above legal system have led to a large number of academic misconduct without being punished and held accountable.The low illegal cost of scientific research has also caused scientific research dishonesty and scientific research violations to be repeatedly banned.Therefore,this paper discusses the current status of relevant legislation and existing problems,and puts forward suggestions for improving the legal system of scientific research integrity.