学术剽窃和法律内外的对策

尽管剽窃与学术诚信相对立,但是,两者又从不同的方向折射出学者个人、学术群体和制度之间的紧张关系。在一定程度,遏制剽窃的力量的来自我们对问题本身的认识和言说,诸如:什么是剽窃?作者为什么要归认来源?版权法、侵权法和学术纪律在遏制剽窃过程中分别和共同担当什么样的角色?本文试图在国内外现有的研究的基础上,以中国实情为主要关注,探讨上述问题。

Academic Plagiarizing and Legal and Non-Legal Responses

Though the plagiarism and academic integrity are opposite against each other, both of them indicate the tension among individual scholars, academic communities and institutions from different ways. However, to some extent, the power to hold back the spread of plagiarism derives from our understanding and expression about issues such as what the definition of plagiarism should be, why the writer should attribute to the source, and what the role the copy right law, tort law and academic disciplines should play respectively and jointly in an containment against the plagiarism. Based on international and domestic scholarships in this topic, this article is trying to address issues mentioned above with a close focus on China's case.