To Curb Academic Misconduct:A Sacred Mission of Law Journal

LIN Shi-ping

(Editorial Department of Modern Law Science,Southwest University of Political & Law,Chongqing 401120,China)



To Curb Academic Misconduct:A Sacred Mission of Law Journal

LIN Shi-ping

(Editorial Department of Modern Law Science,Southwest University of Political & Law,Chongqing 401120,China)

Abstract:Editorial department of law journal should be responsible for curbing academic misconduct/magazine.We should clearly recognize that the essence of academic misconduct has violated the behavior norms of“academic community”.It can be divided into 4 categories:being forged,tampered with,copying and plagiarism behavior.In view of the three main causes of academic misconduct,the academic moral landslide,excessive quantitative evaluation index and old detection and identification method,we should take corresponding prevention and control measures.Measures are mainly five aspects:to strengthen academic moral construction in the periodicals circle of law,to establish scientific and reasonable evaluation standard,to standard the publishing of the journal of law according to the modern publishing process specification,to find and identify academic misconduct and establish the corresponding“blacklist”system in order to improve the current scientific performance evaluation system with technology.

Key words:misconduct; journal of law; plagiarism; journal of social science academic misconduct literature detection system (SMLC)

Citation format:LIN Shi-ping.To Curb Academic Misconduct:A Sacred Mission of Law Journal[J].The World and Chongqing,2016(3):78-92.

1The definition of academic misconduct,classification and recognition method

1.1The concept of academic misconduct

“The current international definition is referring to academic Misconduct (Acadimic Misconduct)”.The literal meaning of Misconduct is defined as follows:1.Mismanagement,improper handling; 2.Misconduct,illegal behavior,run amok,abuse of power; 3.The misconduct,adultery.In common parlance,it refers to disorderly behaviour,“chaos”as a whole.Academic misconduct is essentially not abided by behavior or moral anomie behavior of academic ethics.

What is the academic moral? It refers to the academic field of ethics.“Ethics and morality,in the western etymology,refer to the external customs,habits,inner character,moral character and how people should conduct.China is a whole and the parts of relationships-ethics are also treated as a whole.Its meaning is the fact how the law of human behavior enact the provisions of the academic morality of all kinds of behavior by the academic community.Academic ethics is one of the contents of the citizen ethics.Academic morality is in the academic field formed by the academic community and all kinds of rules of behavior norm system,i.e.the so-called“virtue”or“integrity”.It is the Party Central Committee that promulgated“the citizen morals construction implement outline”(hereinafter referred to as the outline),one of the organic components of the system engineering on October 24,2001.The outline of the basic code of ethics is for“patriotic law-abiding,courtesy and honesty,diligence and self-improvement,unity,friendly and professional dedication”,plus“santoku”,namely“social morality,professional ethics and family virtues”.“Ethical”includes five aspects:“honest and trustworthy,fair,contributing to society and serve the masses”.The“honest and trustworthy”is the most direct relationship with academic moral construction.“The basic requirements of academic morality,being summarized up to”good faith，“ which is to follow its operating level academic norms and strict academic discipline”.

In order to implement the“citizen morals construction implement outline”requirement,on February 27,2002,the Ministry of Education issued“Several Opinions on Strengthening Academic Moral Construction”.Its Article 2 (regular academic atmosphere,the basic requirement of strengthening the construction of academic morality) specifies the academic moral content of the four aspects:“devotion to science and education,service society’s historical sense of mission and social responsibility”to“adhere to the scientific spirit of seeking truth from facts and the rigorous doing scholarly research attitude”,“establish the legal system idea,the protection of intellectual property rights and respect others’ rights and interests of labor”,“ and earnestly perform their duties,to maintain the academic evaluation of objective and fair.”On June 22,2004,the ministry of education and social science committee passed the institutions of higher learning philosophy and social science research and the academic standard (trial).The“standard”is called the first charter of“academic”.The academic ethics is an organic entity.They affect specification,and restrict the research subject of law concept,value orientation and behavior,which is of great significance to the development of science of legal research.The anomie of academic morality will lead to the emergence of academic misconduct.

For what is academic misconduct,although scholars both at home and abroad discussed about it,it is not an accurate and authoritative definition.In 1992,the National Academy of Sciences,National Academy of Engineering and National Institute for Medical Research Group composed of 22 scientists have given the definition of academic misconduct:“in the application subject,the implementation of study results appear in the process of fabrication,tampering with or plagiarism.”This definition can be considered to be the international view at present being more popular,which cited fabricated (fabrication),tampered with (falsification) and copy (plagiarism) behavior.At present,our country’s mainstream scholars for academic misconduct classify the main criteria (merge three kinds of behavior referred to as FFP).As authoritative academic institutions of the Chinese Academy of Sciences in“strengthening the construction of scientific behaviour opinions”and“science in the field of academic misconduct,it is to point to a variety of fabricated,cheating,plagiarism and other aspects in violating the scientific community accepted moral behavior,abusing and obtaining scientific research resources against social moral behavior in the process of scientific research activities.”

Some scholars in our country put forward many views from the perspective of academic research on what is academic misconduct.Wang Feng,senior engineer,for example,of center for intellectual property rights of Zhengzhou University,said:“the scientific misconduct refers to the scientific research in the process of being contrary to the scientific community norms,forgery,plagiarism or other violation of public conduct behavior.”This definition was put forward in 2000,and the author in the article put forward this definition in view of the scientific misconduct and the definition,although after nearly nine years,this views the later basic of some scholars’ recognition.

In 2009,for example,China Academic Journals (cd-rom version) Electronic Magazine Researchers in Tsinghua University had a similar view:“the academic misconduct refers to the academic research in the process of contrary to the scientific community norms,forgery,plagiarism or other violation behavior of public conduct.”These views are on“scientific misconduct”,but not the definition of“misconduct”,the two are similar in the basic connotation.We ought to say,the difference between the scientific and academic major is usually applied in natural sciences and the latter is usually used in the field of philosophy and social sciences.The academic misconduct definitions can briefly be divided into four major categories,and internationally accepts FFP view to transplant,and joins the 4 major categories,namely“against the public’s code of conduct”,and emphasizes the science establishment norms of this nature.Scientific Community (Scientific Community) is the major target of the study of the contemporary sociology of science,according to the views of P.K.Morton:Scientific system has several functions and it can serve the scientists.It can also serve the scientific system of itself for scientific research to provide the Scientific Community social validation.The behavior of the scientific community rules should be in compliance with all the scientists (including jurists).If one violates the identification of scientific and standardized by the behavior of the scientific community,he is blamed for academic misconduct.

Academic misconduct and academic corruption have certain differences.The former is the style of study,not a trade power and the latter“is with the power,money,all kinds of transactions,relationships,or life style and other closely related serious moral behavior.”Academic corruption is characterized by its association with power.

Academic misconduct and academic anomie behavior are closely connected but there are also some differences.Academic misconduct is academic moral anomie behavior,it violates the scientific community identity and a body follows the code of conduct.Academic dishonesty behavior is divided into broad sense and narrow sense.Broad academic dishonesty behavior includes a mockery of academic morality or beyond.

Mr.Deng Zhenglai defined China’s academic dishonesty phenomenon as four aspects:“first,a lack of conscious respect for others’ academic achievement,which may result in the growing plagiarism phenomenon.Second,the lack of a sound academic evaluation criteria (sic) and the relevant mechanism.T hird,being lack of knowledge increment and academic tradition consciousness may make it is difficult to engage in serious academic exchanges with the international academic circles.The fourth one is the low level of knowledge of a large number of repetion and the academic consumption trend is increasingly rampant.”According to Deng,the academic dishonesty includes academic misconduct and plagiarism behavior.It also includes the evaluation mechanism which is not reasonable.Attention is not standard and“academic consumption trend”.This should be a broad academic dishonesty.It is with the concept of academic misconduct,roughly the same,but the connotation of academic dishonesty that includes some broader view.The evaluation mechanism is not sound and“academic consumption tendency and other scholars”academic dishonesty behavior of other subjects.

And narrow academic dishonesty behavior refers to the violation of the requirements of the standardization of academic research,including writing academic papers and dissertations about national GB standards,industry standards and industry customs.It refers to as“the lack of knowledge increment and academic tradition consciousness”as a result of behavior.Such as voluminousness of the academic papers of tens of thousands of words,which does not indicate a comment citing and also does not have reference to the original or violate the article after the reference literature cataloguing rules (GB/7714—2005) requirements.These also belong to academic dishonesty.To distinguish between broad and narrow sense of academic dishonesty,the author thinks that,narrow academic dishonesty can be referred to as the“academic norms”.

Being related to this,there is a similar statement,namely,the style of study is not straight.The so-called style means two aspects of meaning.One is the academic atmosphere,which shows the spirit of the scholar’s research,attitude or principle.It refers to learning ethos,referring to the student code of conduct and moral of the collective performance,being the student’s performance in the process of learning spirit.It is also sometimes used to refer to the school students’ learning attitude and learning atmosphere.Legal research in the field of studying style is not straight which shows that some of the researchers of law research spirit,attitude or principle of the deviation.Their behavior is lack of scientific research spirit of dedication,the lack of practical learning manner,from theory to practice and adventurous.Style of study is a hotbed of academic misconduct and misconduct.In recent years,the“misconduct happened in a few academic ethos corrupted”.

1.2Types of academic misconduct

About the types of misconduct,scholars have different classification standards.Pan Shujun and other people from editorial department of journal of agricultural environmental science think,“Academic misconduct refers to the act of violation of academic norms and academic moral,generally refers to manipulating data on international (fabrication),rash (reigned) change data (flalsification) plagiarism (plagiarism) and three kinds of behavior.”Tsinghua University,China academic journals (cd-rom version) of the electronic magazine researchers pointed out that in the academic circle,“all the existing main academic misconduct is roughly divided into the following four categories:plagiarism,forgery,tampering and other.Here,the ‘other’ includes improper attribution,a draft cast more and academic result published misconduct”.

The ministry of education’s“seriously dealing with institutions of higher learning academic misconduct notice lists the following 7 kinds of academic misconduct ”(1) copy,plagiarism,devouring others’ academic achievements; (2) tampering with the academic achievements of others; (3) the copy or tamper with the data,documents,false facts; (4) fake comments; (5) not to participate in the creation,signed on other’s academic achievements; (6) without the consent of the others,improper use others signature; (7) other academic misconduct.“For seven kinds of behavior must be dealt with harshly”,but whether the seven kinds of behavior cover all academic misconduct? We should say that logically we can’t draw certain arbitrary conclusions.Although the 7 kinds of behavior (other) academic misconduct can be understood to include some of the ACTS listed in the first 6 kinds,but these“other”in nature and harm extent shall before 6 kinds of behavior.As a result,some slight,academic misconduct should be not in the 7 kinds of behavior.

According to the point of view from Tsinghua University’s China Academic Journals (cd-rom version) Electronic Magazine,misconduct involves such elements as copying,plagiarism,forgery and tampering with the text content and length.Involvement of copying the content of the text is different and can be divided into 7 kinds:arguments (conclusion,opinions) plagiarism,the argument (the experimental observation analysis) plagiarism,tabular data copy,images,graphics copied,concept,definition,principle,formulas,etc.) and plagiarism,articles change (change others structure of expression or plot,view expression system references,etc.),introduction (paper) copy.By copying text involved space classification that has four kinds:plagiarising copying sentences,paragraphs and chapters,plagiarism,copying as a whole.The four kinds of plagiarism are not just intact copy,which also include the change of expression,rhetoric,combined,synonymous substitution,paragraph split sentences within paragraphs order change,delete,or simplified,adding some fundamental concepts or commonsense knowledge,etc.The classification is more scientific,from copying on the text of the involved such as classification,which can help us accurately determine whether an article belongs to copying from qualitative aspects.From copying the length on the classification of the article,it can help us determine whether it belongs to copying from the amount,plagiarism,forgery,tampering,etc.

Such subdivision can help us correct such a mistaken understanding,i.e.“as long as it’s not the original copy,but takes a makeover,slightly changes the text narrative,the substance is not plagiarism.”This is a wrong view.We ought to think the so-called“a big copy of the article,and see if when you can copy you will not copy”of the understanding and the practice is wrong.Whatever forms of plagiarism,it violates the original author’s copyright,and even changes the copy of the so-called“smart”text,which is actually also a kind of academic misconduct.

Some people write articles like patchwork,and basically do not have their own academic opinions and views and the composition of reference beyond the limits of the fair use,even the argument,reasoning methods and they copy,plagiarize other people’s article.Writing articles like this,even if the source is indicated and is still a kind of plagiarism.Whether such plagiarism is taking reference (add the quotes) directly or indirectly references (not quotes,copied or slightly modified) form,it should be regarded as a misconduct.Misconduct,of course,has two kinds of unusual forms,namely“reference”and“quotation”.That is to say that the reference comes from others but do not say (especially foreign scholars),or it actually does not exist.

1.3The copy,plagiarism,forgery and tampering with the method of recognition

Article 46 in our country’s copyright law legally defines activity between plagiarism and copying，which shows that there is a difference between plagiarism and copying.Professor Shu Jicao from Shanghai Jiaotong University said that“plagiarism mainly refers to the text of a copycat being a copycat unchanged in their works and their publishings; plagiarism refers to a plagiarist.The plagiarists are text or academic point of view,after being converted into his works and published articles as their results.Copying is open but plagiarism is secretly.”In other words,plagiarism is“robbery”wholesale looting in intellectual achievements but plagiarism is conduct bait-and-switch being miraculously“theft”of intellectual property.About the method of copying and plagiarism,some scholars put forward“time judgment method”,“comparative judgment method”,“diagnoses method”,“degree judgment method”and“technical judgement method”.However,I think,the key is to clear the appropriate reference standard.

To this,the scholars think,“If the others,the one-third or more than half of the passage,quoted in his work,it is beyond the scope of fair use.”And the scholars think:“in a paragraph directly,not a word to refer to others’ work for 20 words or 2 words,or a paragraph of not more than 50% of the continuous words,there is the same need for giving simple annotations; otherwise it needs to do detailed annotations.If belonging to the case,it should make corresponding annotation,as plagiarism.”

On January 1,1985,the ministry of culture of the implementing rules for the books,periodical copyright protection proposed regulation (hereinafter referred to as“implementation rules”) stipulated in article 15:“(a)”appropriate reference“refers to the author cited the work of another fragment in the work.Reference of the poetry genre one over ten of the work being quoted shall not be more than two thousand five hundred words or,if multiple references the same minister of poetry genre,total number of words must not exceed ten thousand words; shall not exceed 40 into categories or a quarter of the poem,except archaism poetry.All references to one or more people,the referenced amount shall not exceed one over ten of the total work,except special commentary and archaism poetry.”This department regulation has to be scrapped.

My personal thought is that,although these regulations have been repealed,but it doesn’t mean that establishment of“proper”reference standards.We should suit to the appropriate reference to establish scientific and reasonable quantitative standards.This paper argues that“referrence to one or more of the work,the referenced amount shall not exceed one over ten of the total”.I work with some justification,which can be considered“appropriate reference”,and one of the reference standard,however,its permissible reference degree is too small and should make proper adjustment.

This idea is to entail the following reasons.China issued the detailed rules for the implementation of the 1980s,the philosophy of the domestic social norms is in line with the international standards while the domestic scholars less emphasize academic literature citations and references.Since the reform and opening up,China’s philosophy of social science research has entered a new stage of development,economy,culture,society and science,and education in various fields has been developed rapidly.This new development situation for philosophy and social science dealing with the challenge of joining WTO realizes the dialogue and exchanges with the international academics.

Some scholars have noticed,“the papers of some scholars in our country that the international famous journals will not used is not on the academic citation norms”.As Mr.Deng Zhenglai put it:“since the 1990s,with the knowledge increment and trying to construct the Chinese academy of social sciences academic tradition,academic standardization problem gradually becomes a new focus topic which arouses the concern of Chinese academic circles”,therefore,to strengthen the standardization of the academic citation has become one of the focuses of attention China’s legal science in recent 10 years.

According to the statistics,China’s journal citation frequency increased from about 1998 in 100 000 to 1998 times or so.Just 10 years,totally cited frequency increased almost sixty percent.Analysis shows that the journal citation number over 20 years ago has increased nearly 10 times in the 1980s.Citation rate (references/number) has become a“said journal lead level,within a certain range to reflect the degree of a journal norms and academic content index.In addition,according to the price of literature aging index and citation peak theory”(shown as price curve),“the scientific literature according to exponential growth,and according to the linear growth,these are referred to as the increase of the number of the literature and it refers to the number of cumulative growth literature.”There is large increase in the scientific literature of contemporary,if we continue to use on reference quantity limit of the provisions of the“one over ten”in full apparently,we do not conform to the reality of our country national condition; Therefore,the author suggested that limit for the“reference”appropriate provisions as follows:“quote one works,the referenced amount shall not exceed 10% of the total I work from reference works,and the referenced amount shall not exceed 30% of the total I work,but review articles’ (including the study of the ancient books) exception.”,of course,in the concrete for the standard,but also it distinguishs between successive references and discontinuous reference,therefore,it is necessary to add some other exceptions such as“continuous reference amount over 5% of the amount I work,but did not indicate the source of the plagiarism”,etc.

The author proposed“reference to the total amount shall not exceed 30% of the total I work”,also references to the other related factors.In 1990,under the leadership of the state education commission for the guidance of senior English teaching for English majors of institutions of higher learning English syllabus“(trial) in the table of the exposition and argument rating standard for grammar project includes a reference to the limit of the original:of articles”excellent“refer to the original moderate,no more than 10% of the writer”; and is“refer to the original moderate,not exceed 15% of the articles”.Medium is“quotation slightly more,the author quotes 20%～25%,If more than 30% of the articles from the quotation,it quotes too much.With reference to this standard,the author thinks that,since quoted more than 30% belong to the original“quotation”too much,it will be not more than 30%“for the reference of the original”as“appropriate”reference standard should be reasonable and feasible.

At present,the technical level of appropriate reference restrictions also has some rules.Detective system such as“social and scientific journal misconduct literature”(SMLC) for there is something wrong with the“record”(that is,the word coincidence degree whether excess) standard is as follows:

[Overlaping word is more than 1 000 words or overlap percentage is less than 40%]

[Percentage overlaps word number greater than 5 000 words or overlap between 40% and 50%]

[Overlap word is more than 10 000 words or overlap percentage is greater than 50%]

This standard is to overlap greater than 5 000 words or words overlapping percentage being more than 40% for the problem of standard.I think that this standard slightly looses and shall apply only to the commentary and legal aspects of the paper.And,of course,nature of this standard is only for reference,and if there is a copy,plagiarism should combine many factors for the analysis of judgment.

Number in the SMLC,according to the overlap character and text copied copy ratio can be divided into:

Total text copied text types overlap conditions：

Mild sentence copied each successive overlap writings<200(characters)<10%

Sentence copied continuously each overlap writings<200>(characters)=10%

Mild paragraph text copying existing continuous overlap≥200(characters)<30%

Paragraph copying existing continuous overlap the text≥200(characters)≥30% and<50%

Overall copy≥(total number of characters/2)≥50%

This standard can be used as that we determine the detection method and index system for reference.Of course,this problem is very complicated,hoping journal workers to strengthen the research of law,and more mature and more appropriate reference standards can be established and be modified by“the copyright law implementation regulations”(2002) to increase the corresponding legal provisions.

2The causes of the academic misconduct

2.1The academic moral landslide

Academic misconduct in the first place is because of the lack of moral.In general,the useful academic misconduct is a kind of anomie.

In recent years,the status quo of the academic atmosphere is not straight but an anomie of academic morality.On February 27,2002,the ministry of education issued“several opinions on strengthening academic moral construction”(hereinafter referred to as“opinions”):“in institutions of higher learning initiative and advocating honest labor,encouraging good atmosphere of scientific research innovation,the protection of intellectual property rights”.The“opinions”,carrying out the teaching and scientific research personnel of institutions of higher learning scientific research enthusiasm and confidence increase greatly,respect knowledge and talented people to become the social consensus.Wuxi,advocating honesty becomes the conscious action of teaching and scientific research personnel.But frequently happened in a small group of academic corruption,academic misconduct and academic anomie behavior reminds us to restrain and reduce the academic misconduct,and to strengthen the construction of academic morality is not just rely on the government management system supply to can achieve a goal,we see“road xi”,opposed to academic misconduct,a long way to go.

Academic moral landslide mainly displays as follows:utilitarianism and pragmatism as part of the teaching and research staff of the value orientation,and replacing the honest labor,dedication of value orientation.For professional evaluation,funding support and getting scientific research awards,even as the“strengthening discipline construction,this part of the academic subject could across the academic moral principle red line”,the pursuit of the morality of all kinds of benefits and opportunities.

2.2Academic excessive quantitative evaluation standard

Excessive quantitative academic evaluation standard is in a“scientific research,scientific research funds (number) heavily weighted in the teachers’ evaluation,teachers’ reward,promotion,pay and status are closely related.Not only that,they also sustains the ranking and reputation of the school and bears on the future and destiny of the school.”Excessive quantification is only looking at quantity,quality and evaluation standard of digital.

Of course,a standard should be digitized,but must have a degree.At present some of the assessment and evaluation system on the design of the index system and weight are not reasonable.Of the defects in the current evaluation system overly quantitative,the number of academic papers becomes the core of the evaluation system of indicators.To this,the author thinks that we are engaged in and conduct legal research.The essential purpose of law is to promote the healthy and rapid development of science,rather than simply being the pursuit of quantity.On the one hand,we briefly review the development of science and it is not hard to see that scientific research and the study of law are not needed by the quantitative index to measure.Some scholars put forward a“crime legal doctrine”in the process of the judge trial operating principle.Another scholar proposed a plausible,but essentially is to encourage the judge to“crimes make free to break”and“academic”.Comparing them,the former is a progress in the law,while the latter is a step backwards.What’s more,the quantity and quality of the academic achievement are a dialectical relationship and is not a simple number corresponding relation.

On the other hand,for a relatively independent scientific research and the individual,his integrated research ability is roughly in certain scope.At this point,the number and size of the study are a kind of antagonistic relations emphasizing production often leading to decline in the quality.All in all,not only in quantity evaluation of scientific progress,but is the only standard.Whether has yardstick,being conducive to scientific development should be aimed at the achievement of academic contribution.

Due to excessive academic evaluation index quantification,and“the two aspects of the quantitative indicators produced in,it is natural to put some of the academic moral evils being blamed for this.”For some time,the excessive quantitative academic index has become a kind of incentive,and it leads to the current academic atmosphere impetuous,theory divorced from reality,low level repeated,even are ethos prevalent,getting rich quickly.Style is not straight and become some implementation of the ideological root of academic misconduct and hotbed.

2.3The discovery and investigation of the ways and methods of academic misconduct

For exposure and the exposure of personal academic misconduct,it is believed that the main mode of academic misconduct is discovered as early as possible to solve the behavior of illegal copying and plagiarism.It has such problems as“time-consuming,laborious recognized difficulties”.This leads to the reality,and the academic misconduct is found that the probability of special low and the violation of academic moral man leads to that“Opportunity Cost”being too low,but at the same time,it may have a variety of illegal earnings.They even implement trampled on the behavior of academic ethics,as it is not apparent to the copyright owner,or discovered not report,even if everything is all right for miscreants.As early as in 2005,some scholars have called for the establishment of rechecking during the course of online academic journal articles (to exam these re-contributed or re-published) database,in order to solve such problems.Director Tang Xinghua from Chongqing Southwest Normal University Journal editorial Department and others tried to solve“a draft cast more”and“multiple publication”as the theme,and recommended“by the state general administration of press and publication or national ministry of science and technology lead,entrusting China academic journal editors society (or their journals in humanities and social science society of China,Chinese society for science and technology journal editor) to form a rechecking during the course of Chinese academic journals database,by the state general administration of press and publication or the state ministry of science and technology journal editorial department that formulate corresponding constraint real-time update database.”But it is slow because of related research,using modern technology to find copy of academic misconduct,plagiarism and other effects are not obvious.We ought to say,if the technical problem solved,problem of reality also have the right course of action to resolve.

At present,the science and technology change with each passing day,and misconduct field is becoming the bane of copying and plagiarism.Identification of copying,plagiarism,forgery,tampering with the technology development of academic misconduct,such as the recognition of copying,plagiarism technology research,mainly adopts digital fingerprint (finger printing) and word frequency statistics (word frequency) technology,and the word frequency statistics has the advantage of high accuracy,but with no fast fingerprinting,and it also cannot be applied in large-scale computing,and it is better and unable to distinguish some words in Chinese and English,it also involves the problem of Chinese word segmentation.However,these two technologies have become the domestic anti misconduct literature detection system core technology.Mainly“on the identification system,it uses word frequency statistics SCAM,Dscam,CHECK and CDSDG”in international.

At present,domestic’s misconduct literature detection system research and development have made obvious progress.In April,2009,by the China academic journals (cd-rom version),Tsinghua University and Tsinghua Tongfang hownet development at the university of electronic magazine of“science and technology journals misconduct literature detection system”(AMLC) and“social and scientific journal misconduct literature detection system”(SMLC),the two software platform have a detection“manuscripts”detection and“has been published”the author queries“blacklist”misconduct query and other functions.This breakthrough technology innovation is a qualitative leap on monitoring method.

3A crackdown on academic misconduct should take measures

3.1Strengthening the construction of academic morality

In terms of the connotation of academic morality,they have two levels:“a practical level,namely the academic activities should follow the moral principles into conscious action of the academic subject; the other is the rational level,namely,through the moral spirit in moral practice.”China’s rulers advocated“moralized”to attach importance to the role of traditional moral education power in ruling order and function.Confucian culture and traditional moral concepts and rules have always been the millennia-old tradition of the Chinese nation.Of course,there are not necessarily traditional essence,so we advocate inheritance promote the“tradition”of the Chinese nation,rather than all the“traditional”.But anyway,we also discovered that the power of moral education has its irreplaceable role,therefore,we should advocate the“governing the country according to law”at the same time,advocacy and practice of“research”.

In the process of curbing academic misconduct,we need to pay full attention and be good at using the power of the academic ethics and functions.Law journal (should include journals of law and legal journals) editorial board or the magazine,as the special subject in the field of ideology which attributes important role,should be a periodical circle resistance and curb academic misconduct“vanguard”and“main force”.The general law journal editing,only standing in the legal theory and practice research era progress on the leading edge of the tide,consciously forms into and creates a kind of advocating legal science and explores the truth of law,the academic character of academic innovation,the pursuit of excellence and the moral spirit,and in this way,it can be achieved to spread the academic journal of law,carrying a sacred mission of academic.To academic misconduct will interfere with the normal conduct legal research out of the sacred hall of law.

3.2Establishing a scientific and reasonable academic evaluation standard

Currently on the internationally adopted by domestic scientific research management department of journal of SCI and SSCI,EI retrieval and quoted evaluation standard,as well as the domestic SSCI,Chinese core journal retrieval and quoted evaluation criterion has certain rationality.Scholars had criticized that the alienation“core journal”phenomenon is the fact that there is a certain range.In line with the academic activities in pursuit of truth and the spirit of seeking truth from facts,the author thinks that,for the scientific research evaluation criterion,it should have a scientific and objective attitude.In terms of core journals,legal core journals published articles are not a high level of legal papers,on the contrary some new way to learn journals,such as“Tsinghua University Law”and so on,due to poor timeliness core journal selection index system,temporarily it can not enter the core periodical sequence; But such schools sponsored by the journal of law,with strong academic basis,combined with the editorial staff of high quality and reasonable use mechanism,and this kind of journal papers published by the law still belongs to the journal of law in the high-quality goods.In this sense,mechanically applying the practice of the current evaluation system,its drawback is obvious.

Before there are no alternative measures for legal research,I am not in favor of the abolition of Chinese core journals and CSSCI evaluation standard,but it must be reiterated:“the core periodical is a kind of relative statistics,and the concept of core journal table function is only reference,not a standard.If treating the core periodical table as the absolute measure of paper,errors may occur.Because from the individual point of view,the core journal articles are not necessarily that every academic level is high,and the non-core journal articles are not necessarily that every academic level is low.”This view not only should be the unit design of a table of the core journals“instructions”,and should become a scientific research management institution and degree-conferring institution,the consensus of the whole higher education and the academic circle and even operation“attention”; Otherwise,“if using the paper standard in the core journals as the standard to issue,the errors may occur.”Because of this,2004 edition of the Chinese core periodical development project hosted by Cai Ronghua,Shi Fuyang in the Chinese core journals particular landscape (2004 edition,the fourth edition) suggest various universities and scientific research management institutions,when evaluating results,we should also be based on the unit or the evaluation of the specific circumstances of the project and please the academic value of subject experts to review the paper itself.It’s a pity that this tip does not change the course of the core journals alienation.Not only that,because of some man-made factors,that using“impact factor”to choose the method of the core journals is more scientific than to“citation index”selected CSSCI source journals evaluation system and also has a tendency to be some kind of alienation.

Journal of Chinese core journals include many colleges and universities and scientific research units as absolute evaluation standard.In some colleges and universities,the evaluation of the title must have 2 articles in core journals published to qualify for the declaration,and specifics can judge on,still basically being a declarant number of papers published in core journals as the standard，which does not have a program to make only 1 piece of core journals,or 2 non-core journal papers author launch titles according to the procedures.So overly quantitative evaluation standard,adhere to the article number of the absolute requirement,making some teaching scientific research personnel to fill the number,and has to give up or reduce the requirement for the quality of the academic quality and writing articles.Thus,shoddy,plagiarism,counterfeiting,forgery,tampering with the agreement and flood are unavoidable.

We suggest that in the next title appraisal,project declaration,project concluding,degree awarding,discipline construction and so on should apply for the declaration of any individual or unit during the evaluation of scientific research ability and level,and some special procedure shall be set up to meet the requirements of article number,but the quality of academic papers by the relevant experts should be identified to achieve the corresponding academic level and shall be granted to declare.In engaging,agreed to and post-project or award degrees matters alike,we decided to declare the academic level and scientific research ability scientifically and objectively.These special procedures are necessary to satisfy the existing evaluation standards and scientific and reasonable supplement in the organic combination of evaluation methods and standards in terms of quantity and quality.

3.3Using technology to find and identify academic misconduct

The journals of social science academic misconduct literature detection system (AMLC) for our country’s law journal is of great significance to prevent academic misconduct so as to be able to quickly find copy and plagiarism,forgery,tampering,improper attribution and a draft that published academic achievements,etc.To promote research integrity in the field of law,prevention and control of academic misconduct,we must rely on modern technology.For instance,AMLC in China.

The monitoring system is now open to use for free of charge.The application process is quite simple.Law journal editorial/magazines need to fill in the form of use and sign the“social and scientific journal misconduct literature detection system”and use agreement approved by China academic journals (cd-rom version) electronic magazine and by CNKI research integrity management system research center which is given after the corresponding user name and password and registered by the user,and you can use it free of charge.According to the operating instructions of the system,its“literature than check speed should satisfy:checking the speed in the person’s feeling and visual acceptable range.6 000 words or so of periodical literature takes less than 3 seconds on average.”Not too much law journal magazine editorial office already scarces resources of manpower and material resources and time.If someone in each publication uses the article to make use of SMLC detection when finalized plans,it will greatly improve the journals of law to prevent and control the copy and plagiarism,forgery,tampering,a multi-purpose academic misconduct,such as the ability and strength.

When being put into practical use,SMLC has articles needed to detect and compared library literature,and the results of the analysis will show the same content in red and clicking on it,the source of“plagiarism”essay can view the red contrast of similar content.SMLC is given under the“test”has been published and the“word contact ratio (16%)”,“diagnosis type (such as a low-grade paragraphs plagiarism) and citation relations (such as no)”.Finally,the SMLC can generate the test report.This would make it easier for law journal editorial staff to identify and determine whether plagiarism etc are correct from both quality and quantity,as well as the analysis of copying,plagiarism,forgery and tampering with the type and to take corresponding measures to dispose this kind of behavior.

When using the SMLC testing academic misconduct,we also encountered such a problem to compare the document which is limited to CNKI collection of documents,including“China academic journal network publishing pool”,“Ph.D.Dissertation of Chinese full text database/outstanding master’s dissertations full-text database”,“China’s important dissertations full-text database”,“Chinese important newspaper full-text database”,“China patent full-text database”comparing“personal library”,but it does not include monographs (comparing can be personal library build monograph library,but due to occupy the resources and the workload is too big,it is not feasibility).In this case,due to the limitation of ratio on the library literature,on academic monograph of copying,plagiarism is hard to find,which is a disadvantage of SMLC.

3.4According to the modern academic publishing law,publishing process specification

SMLC monitoring alone means being not enough,it can only take temporary,and can’t cure,and the technology to prevent belongs to the beforehand“prevention”,and has its limitations,and it cannot solve all problems,for example,in order to take up this article and the change of expression way to plagiarize the core idea of the article,from the“copyright law”protection works form,it not only to analyze the principle of protecting thought,this kind of behavior does not violate the copyright law,but it belongs to the lack of scientific research innovation and also the expression of no academic contribution is still a kind of academic misconduct.

If this kind of articles published,it is actually a waste of taxpayers’ hard-earned money,we have to rely on the expert review to find out this kind of bad articles to cooperate the system measures and technical measures,which will have more significant effect.To prevent academic misconduct,it is a systematic project,published in the editor of the journal of law to link that builds security legal research integrity solid line from the aspect of system theory and methods to prevent and control the occurrence and spread of academic misconduct.

Measures to solve this problem are systematically according to the modern academic publishing law and publishing process specification.The system project has several essential links.It mainly includes three aspects:

1) The expert evaluation

In accordance with the international modern general publishing process,“both an academic books and academic papers published before should be evaluated by two and more peer experts’ anonymous review (review) and we can see that if there is a new academic contribution”.Foreign law journal publishing is roughly to follow such a pattern and way.

Since 2002,with reference to the international prevailing academic practice,China’s ministry of education explicitly points out“for further improvement and betterment of the system of review,journal of conditional can gradually implement the peer experts two-way anonymous referee system to guarantee the scientific nature and the impartiality of the review.”At present,most law journal magazine editorial board,especially Chinese core periodical magazine of law.Editorial department has established a relatively perfect and effective peer experts anonymous referee system to improve the general quality of the journal of law,to prevent academic misconduct in the field of law and has played a positive role in the prevention and control,and journal of law must improve the quality and level.

2) Setting up a strict review system,strictly emphazsing the“export declaration”

To the former ministry of education minister stressed:“the press,to establish a strict review system and the expert declaration”according to the general administration of press and publication on February 9,2009 [2009] no.2009 published the new“interim measures for reading newspapers journal”stipulated in article 1:“newspaper reading system is a press and publication administrative department and the department is in charge of newspaper published in newspapers and periodicals,organize relevant personnel of review and evaluation of quality of newspapers and periodicals should publish in accordance with the law,and it is important that newspapers published afterwards management system.”Periodical check system and the journal editorial department of manuscripts’ three-review system is different,its operation subject is the administrative department of press and publication and the journal,and the director of the unit set up check agencies,journal of the sponsors and publishing unit,which is responsible for the certain to integrate the system to check and finish reading task.

According to the“interim measures for reading newspapers journal”stipulated in article 8:“newspaper publisher in the implementation of three-review system at the same time establishs and implements system of newspaper evaluation,and writes evaluation on a regular basis to guide the publishing of this unit for the press and publication administrative department according to the need to read and check management work.Evaluation report was published by the press unit in the form of discretion.”According to the regulation of the normative documents about reading content,for academic journal of law,the current reading scope is limited to the political quality,editing quality and publication quality,and has not involved in the academic quality,but misconduct problems not only damage the academic quality,it is a matter of research integrity and academic ethics,and it should belong to the scope of the newspaper reading recommendations in item 5 of article 7 of the normative documents about the content of the newspaper reading (reproduced or excerpting social contributions and information on the Internet freely,is in line with the relevant regulations,whether in accordance with the provisions,to verify its content) to add the following content:“if there’s any copy and plagiarism and imitation,counterfeit and other misconduct.”Adding this line of defense can strictly grasp the academic articles of“export”.Although this is a reading system afterwards,establishing and implementing the system can press and public administrative department and law journal magazine/editorial departments while fully using the standardized system of measures to effectively prevent academic and misconduct prompting a law journal editoring/magazine from the perspective of preventing misconduct strictly filter and filter.

3) The“zero tolerance”for“one ticket veto”,to create“blacklist”database

The former ministry of education minister Zhou on“university academic atmosphere construction symposium”stressed:“the academic misconduct like sports world anti-doping,as well as fake and inferior products”zeros tolerance or“one ticket veto”.

The so-called“zero tolerance”and“one ticket veto”,for journal of law,should be refered to that as long as found plagiarism,forgery,tampering with the author,a draft cast more,such as improper attribution behavior,should immediately be“blocked”and may not be due to various reasons or indulge in a variety of reasons and forgive.It is worth mentioning that in the test article of law,we should detect not only the body of the article,but also text citation or reference.Law journal editoring/magazine company attaches great importance to the review of manuscripts or academic paper/comments included in the plans to send“false comments”and“false references”(performance usually only has a title or journal name,without the corresponding page documents; some connects documents by author’s last name and title).Founding this kind of situation,it shall be deemed to be the author carried out the“other”academic misconduct.

In order to establish effective prevention mechanism of academic misconduct,we can use the SMLC blacklist“author queries”in the“add blacklist”to function and establish the editorial department of law of the authors of the paper/magazine“blacklist”database,which may include in the“blacklist”of the author and ought to be in the“five years to deny any of its articles,in prison”.Each law journal can exchange the author“blacklist”to curb academic misconduct of law.

Of course,before making such a decision,we should also care to protect the legitimate rights and interests of the author.According to the ministry of education about dealing seriously with high school academic misconduct notice stipulated in article 5:“institutions of higher learning in the process of investigating and dealing with academic misconduct are aim to find out the facts and evidence,distinguishing between the right and the wrong,and to standard procedures,correctly grasping the policy limit.The protection of whistle-blowers is to provide necessary; the persons are investigated to maintain their dignity and legitimate rights and interests,to report false,units and individuals,to be accused of improper to clarify and protect in a timely manner.”This provision can also be treated as law journal copy,plagiarism suspect handler reference program.

In this regard,the United States about the system can also be our reference.The privacy act 1974 of the United States is the basis of the information privacy laws.That bill“is a regular collection and processing of the federal government legislation of personal information and is the fundamental solution to protect the privacy of information.”The law“mainly includes personal information privacy.The right to correct their personal information.The information I can correct or request administrative organs to correct inaccurate information.”In the process of the editor of the journal of law,we found suspicious contributions,which can not tell the author,but if the newspaper published articles by identifying a copy of academic misconduct,plagiarism,etc,the author should be told to.The authors have opportunity and right to defend and to find out the facts,verification and preserve evidence.After that,the examining evidence can be provided to the relevant administrative department and scientific research in colleges and universities as the basis of dealing with academic misconduct.Only after verifying that the author does exist,academic misconduct can be included in the“blacklist”.

Publishing any article in this article witnin“five years”period suggestion also refers to the Chinese academy of social sciences such as academic journals jointly signed the joint statement on academic misconduct resolutely resist article 4.The author thinks that,10 years to deny this statement misconduct of any article terms is slightly harsh.We might as well look at the students cheating in the exam of the exam,which generally is 2 years.In 2002,for example,the certified public accountant examination committee issued by the ministry of finance of the unified national examination for certified public accountants copying,cheating punishment rules stipulated in article 7,the cheater“if the circumstances are especially serious,concurrently be cancelled after two years of qualification exam.”The period of study,of course,the student is best by the body and mind of the golden age limit and seems to be short,and as a result,only 2 years of exam is reasonable.Scientific research activities,by contrast,are limited by conditions of age that is not big,therefore,for misconduct disciplinary period shall be extended appropriately.In scientific research in our country the five-year plan/planning stage,corresponding punishment of academic misconduct period is limited to 5 years,which is believed to be more appropriate.Shortening appropriately retribution can reflect a kind of humanistic spirit of tolerance,and it also prevent the outside of law journal magazine/newsroom exercise“academic hegemony”misunderstanding.Academic misconduct is an act of academic dishonesty in building contemporary harmonious society and doesn’t need to take drastic measures to treat.

4) To improve the current scientific performance evaluation system

If the current problem of excessive quantitative evaluation index is not solved,the author of the article“was holding a whip with writing”,and running counter to the science and the spirit of the pursuit of truth are the starting point that is the deviation from the purpose,of course,and we also cannot encourage researchers to produce high quality articles.We should carefully note that China is a typical“country with strong government and weak society”in recent years,though,to strengthen the cultivation of civil society and nongovernmental organizations,but in addition to the government without any a group (including in the field of technology/academic society) can undertake research and have to pay huge external cost of institutional change,or any other organization can play the role of“primary action groups”.“Because of his (ruler) of bounded rationality and understanding,understanding institutional disequilibrium and the complexity of the information required to design and to set up the system arrangement and he still can’t correct the insufficient supply of institutional arrangement.”This phenomenon is called institutional supply.

“Under the condition of insufficient institutional supply,each group of interest has conflict ”,science and technology in the field of group interests mainly include power management (including project distribution unit,magazines and publishing house,etc.),review group (including the various funds,projects,manuscripts,awards,such as the enrollments reviewers) and declare group (including all kinds of scientific research institutions,research institutes,etc.).These interest groups have their own vested interests.In the absence of self-discipline and heteronomy,between interest groups,they also have right to deal between power and money.This situation can be called“system failure”.In this case,what being not most concerned about is the quality of the academic paper itself.If the situation is not improved,academic fraud,copy and plagiarism,“subject”,“alliance”and so on will be commonplace.For violation of rules of behavior science community behavior,it will be difficult to form a kind of deterrence.

To change this situation,one of the most urgent tasks is to reform the present and shall practise a system of performance evaluation of scientific research in order to correct the disadvantages of excessive quantitative evaluation index.Whether be published and published many papers should not the evaluation of legal education and legal research workers work results only or the main standards.It should be the real service attitude of objective view of the legal research activities,according to the rules of the development of the science to measure and evaluate performance of legal researchers.Scientific research activity should follow such a rule of law,namely“scholarly articles to be true,deep,new,the production of knowledge.”So we must change the quantity,quality and how many articles published as the inappropriate evaluation standard.

Due to the particularity of academic media law,it requires us to treat the law science achievements evaluation system.The ancestor of the modern institutional economics and the mons proposed transaction cost concept in the use of this field gives us a good lesson.Some scholars use the theory that“we can see the inclusion of the institutional arrangements of China’s media sector in the three trading activities,namely,trading of government,trading of market and trading within the media.”“Government trade increases the government to strengthen the control of the media,to strengthen the intervention of media market,but because of the low efficiency of government,government intervention in the market can’t be indefinitely”.In the field of legal research and editing and publication of law,we should also pay attention to using the market transaction and the media within the rules of the trade,scientific research management departments to appropriate deregulation of law,to legal research subject in accordance with market rules and the law of scientific research to engage in academic writing and publishing activities.So,it can eliminate in institutional settings unreasonable induced academic misconduct.And,of course,we don’t expect by the department in charge of some emergency administrative measures,which will be able to solve the problem of academic misconduct.As Mr Deng pointed out:“We are not refused to the competent administrative department of education and academic participation,but hope that these institutions can start their own various aims to promote the development of academic and education measures for deeper reflection,and release a variety of management measures,establishment of evaluation indexes and their various institutional arrangements for serious criticism to participate in the great China academic standardization movement.”

Anyway,we hope that the general law journal colleagues should form joined forces to suppress legal research and publication in the field of academic misconduct,and disciplinary attribute to well completion times,and give law journal in all kinds of functions and complete in the field of law contains the sacred mission of academic misconduct.

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(责任编辑杨梅梅)

中图分类号：G23

文献标识码：A

文章编号：1007-7111(2016)03-0078-15

遏制学术不端行为是法学期刊的神圣使命

林士平

(西南政法大学《现代法学》编辑部，重庆401120)

摘要：法学期刊编辑部/杂志社负有遏制学术不端行为的职责。我们要明确地认识到，学术不端行为的本质是违背了“学术共同体的行为规范”。现实中可以将其划分为伪造、篡改、抄袭与剽窃等4大类行为。针对学术不端行为产生的3个主要原因，即学术道德滑坡、评价指标过度量化、发现和识别手段陈旧，我们应当采取相应的预防和控制措施。其中主要的措施有5个方面，即：在法学期刊界加强学术道德建设、建立科学合理的学术评价标准、按照现代出版流程规范法学学术出版、运用科技手段发现和识别学术不端行为并建立相应的“黑名单”制度以及改进现行的科研绩效评价制度。

关键词：不端行为；法学期刊；剽窃；社会科学学术不端文献检测系统