司法裁判视角下高校学术不端行为研究--基于30份判决文书的分析

Academic Misconduct in Colleges and Universities from the Perspective of Judicial Judgment:Based on the Analysis of 30 Judgment Documents

科研诚信是学术研究的基本原则和底线,惩治学术不端行为、加强学风和作风建设是高等教育内涵建设的必然要求。近年来围绕高校学术不端的纠纷经常诉诸法律,司法裁判已经成为解决高校学术不端纠纷的重要途径。本研究以中国裁判文书网30份判决文书为样本,对高校学术不端行为进行内容分析。研究结果显示,高校学术不端行为的特征主要体现在涉案类型主要为民事案件或行政案件,涉案主体主要包括教师、学生和学校,起诉原因主要涉及合法权益纠纷和学位纠纷,且形式多样,涉事人员覆盖范围广,案件纠纷比较复杂等。高校学术不端的治理面临诸多困境:法制环境建设不足,主动治理环境建设不足,主体对学术不端认识不足,举报人员隐私权益保障缺失。因而,需要重视高校法制环境建设,强化各主体主动治理意识,重视主体对学术不端的认识,构建举报人保护机制,以解决高校学术不端的治理困境,进而构建学术不端行为问责体系,加快提升高校学术治理能力,推动高校科研高质量发展。

Scientific research integrity is the basic principle and bottom line of academic research.Punishing academic misconduct and strengthening the construction of study and work style are the inevitable requirements of the connotation construction of higher education.In recent years,disputes surrounding academic misconduct in universities have been often resorted to law,and therefore,judicial adjudication has become an important way to resolve academic misconduct disputes in universities and colleges.This research uses 30 judgment documents from China Judgment Documents Network as samples for content analysis of academic misconduct in colleges and universities.The results show that the academic misconduct in colleges and universities mainly characterized as follows:the types of cases involved are mainly civil or administrative cases;the subjects involved mainly include teachers,students and schools;the reasons for the prosecution mainly involve legal rights disputes and degree disputes.The academic misconduct in colleges and universities varies in forms,covers a wide range of involved persons,and the case disputes are complicated,etc.The governance of academic misconduct in colleges and universities faces many difficulties:insufficient construction of the legal environment and the active governance environment,insufficient awareness of the subject towards academic misconduct,and lacking protection of the privacy rights of reporters.Therefore,it is necessary to emphasize the construction of the legal environment in colleges and universities,strengthen the awareness of active governance of each subject,emphasize the subject’s understanding of academic misconduct,and build a whistleblower protection mechanism to solve the governance dilemma of academic misconduct,and then build an accountability system for academic misconduct to accelerate the improvement of academic governance capabilities of universities and colleges,so as to promote the high-quality development of scientific research in universities and colleges.