| The existence of Misconduct in Science is universal in space and permanent in time. In modern society, with the fierce competition of science and technology, the misconduct in Science happens more frequently. However, the improvement of S&T is playing more and more decisive role in the development of society. Thus, the misconduct in science would harm the society than ever before. At present, the regulation and control of misconduct in science in China mainly depend on the means of morality, civil law and administration, but the result of regulation and control is beyond our will. The increasing trend of misconduct in science is not yet under control. Under this circumstance, misconduct in science that severely harms the society would be treated as criminal. It is a meaningful and worthy system attempt to use public rights to ensure the healthy development of scientific research. From the angle of Criminology, this essay makes use of the theory of Criminal Law to prove the necessity and feasibility of criminal of misconduct in Science through survey several instances in the history of science.Starting from the analysis of semantic meaning, the essay takes"Science and Research activity-impermissible behavior in Science-misconduct in Science" as the logic way. It analyses progressivelythe connotation and extension of some relative concepts as well as their interrelationships, so that it will finally make sure the behavior boundary that may become the behavior of scientific research targeted by criminal administration-Distortion, Fabrication and Plagiary.Next, it seeks the basis of criminal of misconduct in science from two levels, such as Theory and Practice. From the point of jurisprudence, the misconduct in science seriously harms the society and should be punished. From the view of the practice, the misconduct in scienceplays a misleading and disturbance role in the development of scientific research, increasing the risks of failure, leading to the low efficiency or even non-efficiency of the results, greatly impeding the progress of science, and even seriously impairing the national glory. Thus, we should draw upon the legislation and judicature practices from other countries, attempting to make misconduct in science criminal.In the end, On the basis of theory discussed above ,the essay takes the principle of jurisprudence of the new liberalism, obeying our National Criminal Law, combining with the features of the systems of our National scientific research. Aiming at such two ways as "creating an accusation" and "disposing a punishment that fits the criminal administration of misconduct in science. It takes the examples of creating the accusation of fabricating data base and disposing seniority punishment, putting forward legislative proposals of criminal administration of misconduct in science so as to help the effective administration of the misconduct in science. |
