科研领域职务犯罪司法规制基本态势与优化完善研究

Research on the Basic Situation and Optimization of Judicial Regulation of Duty Crime in Scientific Research Field

依法惩治科研领域职务犯罪是立足反腐败阶段性要求,一体性推进国家反腐斗争的题中之义,是我国深化科研体制改革、实现建设世界科技强国目标的必然要求。当前我国科研领域职务犯罪整体表现为案件总数不多,呈现递增趋势;案件类型有限,但类型分布集中;争议焦点集中,但证明难度较大等三大宏观特征。惩治科研领域职务犯罪应当针对重难点问题现状,形塑符合我国科研发展实际的法治化治理道路,准确区分科研职务犯罪与违反科研管理制度行为,从严把握追诉标准,谨防将违法违纪案件不当地作犯罪处理,以保障科研人员科研自主性,深化科研领域体制机制改革,促进国家科研创新能力全面提升.

Punishing duty crime in the field of scientifie research according to law is the key point in understanding the stage characteristics of anti-corruption and advancing the national fight against coruption in an integrated way.It is also an inevitable re-quirement for China to deepen the reform of scientific research system and realize the goal of building a country that is competitive in science and technology.At present,duty crime in the field of scientific research in China shows the fllowing macro characteristics:the total number of cases is not yet high,but it is in increase;the types of cases are limnited,and converged in some certain types;and the focus of controversy is concentrated,but it is difficult to prove.The punishment of duty crime in scientific research should target the most important and difficult problems at this stage,then shape the rule of law govemance path in accordance with the practices of the scientific development,which will accurately distinguish duty crime in scientific research from violation of scientific research management system,strictly follow the prosecution criterion,and beware of handling cases of violations of law and discipline as crimes improperly,so as to ensure the scientifie research personnel of scientifie research autonomy,deepen institutional reform in the field of scientifie research and comprehensively improve China’s capacity for scientific research and innovation.