Comparative Study On Criminal Law Regulation Of Academic Misconduct Between China And Germany

With the development of our society and the increase of competition pressure,a part of scholars in the academic circle and society will carry out academic misconduct in pursuit of a large number of material and spiritual interests brought by academic activities.Academic misconduct may harm the personal research results of researchers,the research environment of academia,and even the social integrity.In our country,administrative laws and regulations are applied to regulate and punish the tendency of academic misconduct.In the current criminal law of our country,the regulation of academic misconduct is limited to the crime of destroying the order of the socialist market economy in Chapter III,Section VII,the crime of infringing intellectual property rights,article 217.For the purpose of making profits and without the permission of the copyright owner,copy and distribute their written works,and the amount of illegal income The crime of infringing copyright can only be punished if it is relatively large or if there are other serious circumstances.In the current criminal law,there is no clear regulation on other non-profit academic misconduct and academic misconduct in different situations and degrees.Therefore,there are some deficiencies in the legislative concept and specific provisions of criminal law regulation of academic misconduct in China.The legal regulation of academic misconduct in Germany is different from that in China,which is embodied by the combination of criminal code and subsidiary criminal law.In the legislative concept,the criminal purpose of academic misconduct is not embodied in the criminal legislation.In the legislative system,the German criminal code does not have the centralized provisions of special chapters on academic misconduct,but it regulates the criminal consequences caused by different academic misconduct in different chapters.For example,in Chapter 15 of the German criminal code,the crime of infringing on life and private secrets and the crime of infringing on communication secrets,it illegally discovers for itself or others that it does not belong to itself In order to prevent the illegal acquisition of data by others,the act of special security processing belongs to one of the academic misconduct,which should be convicted and punished according to the crime of infringing communication secrets;the German copyright law stipulates that the academic misconduct of infringing copyright should be punished as the crime of unauthorized use of copyright in the joint provisions of Chapter 11 copyright and neighboring rights.In terms of legislation technology,the combination of typical law and subsidiary criminal law is used to clearly define the applicable charges and penalties of the criminal law regulation of academic misconduct,which has a good reference for the criminal law regulation of academic misconduct in China.This paper studies the legislation comparison between China’s criminal law regulation of academic misconduct and Germany’s criminal law regulation of academic misconduct,finds out the shortcomings of China’ s current criminal law regulation of academic misconduct,and refers to the excellent system of the German criminal code in terms of the legislative concept,legislative system and legislative technology of the criminal law regulation of academic misconduct,so as to provide suggestions for China’s academic misconduct Make suggestions for improvement.The framework of this paper is as follows:The first part discusses the general theory of criminal law regulation of academic misconduct.Before the study of academic misconduct,firstly define the definition of academic misconduct,secondly define the concept and scope of academic misconduct regulated by criminal law,clarify the main characteristics of academic misconduct regulated by criminal law,elaborate the harmfulness of academic misconduct,and elaborate the basic concept of academic misconduct regulated by criminal law.The second part studies the specific content of the current situation of the criminal legislation and the administrative legislation of academic misconduct in China.On this basis,it puts forward the existing problems in the criminal regulation of academic misconduct in China.The third part studies the current situation of criminal legislation and administrative legislation of academic misconduct in Germany.In order to lay a theoretical foundation for the comparative study of the criminal regulation of academic misconduct between the two countries,this paper studies the legislative concept,legislative system and legislative technology of the legal regulation of academic misconduct in Germany.In the fourth part,by comparing the legislation of the criminal law regulation of academic misconduct in China with that in Germany,we find out the similarities and differences between the two,further clarify the shortcomings of the academic misconduct in China,and lay a theoretical foundation for the regulation of the criminal law of academic misconduct in China.The fifth part studies the enlightenment and reference of the criminal legislation of German academic misconduct to the criminal regulation of Chinese academic misconduct.Through the above comparison of the current situation of the criminal law regulation of academic misconduct between the two countries,this paper puts forward suggestions on the improvement of the criminal law regulation of academic misconduct in China in terms of legislative concept,legislative system and legislative technology.