科研不端行为刑法规制探赜——基于对《科研失信行为调查处理规则》规范的解读

Research on Criminal Laws and Regulations for Research Integrity Misconduct--Based on the Interpretation of the Rules for Investigation and Handling of Research Integrity Misconduct

科技部等二十二部门修订的《科研失信行为调查处理规则》注重同《科技进步法》的衔接,在规范程序上更为周全,惩戒力度有所加大,更注重科研诚信,对科研不端行为的治理愈发规范化、协同化、体系化,科学共同体与国家社会之间的联结愈发紧密。由于科研不端行为表现隐秘化、内容多样化,将刑法规制引入科研不端行为规制手段,在补充过去民法与行政法规制空白的同时,能以更强制的手段打击科研不端行为。对于严重侵害科研伦理规范、严重损害公共财产和人身安全的科研不端行为,才可适用刑法加以规制。应秉持宽严相济的刑事政策,在明确科研不端行为构成要件和规制目的的基础上,从现有的诈骗、行贿受贿等罪名中寻找合适的规制手段。

The the Rules for Investigation and Handling of Research Integrity Misconduct revised by the Ministry of Science and Technology and other 22 departments focus on the connection with the Science and Technology Progress Law of the People’s Republic of China,and are more thorough in regulating the procedures,with increased disciplinary efforts and greater emphasis on scientific research integrity,so that the governance of research integrity misconduct is becoming more and more standardized,synergistic,and systematic,and the connection between the scientific community and the country and society is becoming more and more tightly knit.Due to the hidden manifestations and diverse content of research integrity misconduct,the introduction of criminal law regulation into the regulation of research integrity misconduct can not only supplement the gaps in previous civil law and administrative law regulations,but also combat research integrity misconduct with more coercive measures.Criminal law can only be applied to regulate research integrity misconduct that seriously violates the ethical norms and damages public property and personal safety.We should adhere to a criminal policy of combining leniency and severity,and on the basis of clarifying the constituent elements and regulatory purposes of research integrity misconduct,seek appropriate regulatory measures from existing charges of fraud,bribery,and other crimes.