Research On The Decriminalization Of Researchers Taking Behavior Scientific Research Funds

The behavior of taking research funding can be defined as researchers who obtained a research project obtain illegal research funding by using false invoices,applying unrelated business, falsifying labor costs, inflating expenditure ratio,fabricating economic operations, obtaining bills by illegal means during or after the project is completed. Currently, this is common and objective existence in China's academic circles, it deduces the credibility of the research community and have a negative impact on society which leads the prosecution to intervene and to charge in criminal prosecutions of embezzlement, fraud and other crimes in order to protect the corresponding legal interest. However, in current, it is controversial in academic and practice areas, advocates of taking criminal conduct on taking research funding and decriminalization showed different viewpoints, after cited their own argument respectively, acts should be decriminalized. Because decriminalization is not only consistent with the theory of Criminal Law, abide by the principle of legality, but also keeps a mild degree of social harm from the perspective of criminal nature. What's more, decriminalization of the behavior that the researchers taking research funding is reasonable, because in terms of the elements of crimes, it can not be engaged in public acts, have no illegal purpose of possession, did not take advantage of his position, did not fully occupy the state-owned assets.Finally, we should uphold the dialectical, developmental, comprehensive and objective attitude towards such behavior. Decriminalization mean not laissez-faire attitude to such behavior, on the contrary, in practice, we should take specific analysis on the conduct of taking research funding illegally and come up with a reasonable law judgment. Therefore, in order to solve of this social problem effectively, it is necessary to strengthen our publicity and education, innovate civil contract regulations, further improve the management system of research funding and combine a scientific regulatory mechanisms by using various meanings.