Supreme Court: Strictly punish scientific research fraud

2025-01-07

This afternoon, the Supreme People's Court held a press conference to release the "Opinions of the Supreme People's Court on Ensuring Technological Innovation with High Quality Trial Services" (hereinafter referred to as the "Opinions") and typical cases. The Opinion points out that the integrity of scientific research should be maintained in accordance with the law, and severe punishment should be imposed for fabricating and forging scientific research results, buying, selling, ghostwriting, and submitting research papers or project acceptance materials, buying, selling, forging, and tampering with experimental data and other scientific research fraud behaviors. The industry chain of scientific research intermediaries buying and selling data and papers should be severely cracked down on, and abnormal patent applications such as fabricating and fabricating patents should be cracked down on. Tao Kaiyuan, Vice President of the Supreme People's Court, introduced at the press conference that the "Opinions" focus on prominent issues in trials related to scientific and technological innovation. From six aspects, including overall requirements, strengthening the protection of scientific and technological innovation achievements in accordance with the law, protecting innovation subjects, protecting innovative behaviors, building a legal and international market environment for scientific and technological innovation, and constructing a judicial protection system and mechanism, a total of 25 practical and feasible policy measures were proposed, covering the three major trial fields of criminal, civil, and administrative law. Clear requirements were put forward from multiple dimensions such as judicial policies, judgment rules, institutional mechanisms, and team building. In terms of strengthening the protection of scientific and technological innovation behavior in accordance with the law, Tao Kaiyuan introduced that the "Opinions" involve 3 articles and 17 specific measures, mainly including: fully utilizing the effectiveness of preservation measures, advance judgments and other institutional mechanisms to ensure that innovation is fully and timely protected; Intensify the application of punitive damages to make infringing acts pay a greater price; By regulating false litigation, malicious litigation, abuse of litigation rights, and cracking down on scientific research fraud in accordance with the law, we will crack down on and curb behaviors that hinder innovation, and promote the formation of a clean and upright scientific research ecosystem. The Opinion also clarifies that the act of falsifying, defrauding money, and maliciously colluding to sign false scientific research contracts in activities such as experimentation, development, application, and promotion of scientific and technological achievements shall be punished in accordance with the law; Punish corruption and bribery crimes in the field of science and technology in accordance with the law, and increase the punishment for corruption and bribery in national key projects, major science and technology projects, key core areas, and science and technology award evaluations; Punish according to law administrative personnel who abuse their power, neglect their duties, engage in favoritism and other dereliction of duty crimes in scientific and technological activities. To support the implementation of the Opinion, the Supreme People's Court has selected 8 typical cases in the field of scientific and technological innovation and released them together. These typical cases involve many scientific and technological innovation fields, such as biomedicine, traditional Chinese medicine, chips, algorithms, data, lithium batteries, new energy, and the Internet, including the types of intellectual property cases closely related to scientific and technological innovation, such as invention patents, integrated circuit layout design, and technical secrets. From different perspectives, such as determining the ownership of the rights and interests of technological achievements in accordance with the law, protecting the interests of Chinese and foreign parties equally in accordance with the law, defining the compensation standards for infringement of the rights and interests of scientific and technological achievements, severely cracking down on resignation and leakage of secrets, and exploring new ways to order to stop infringement, the people's courts have demonstrated their firm determination to strictly and impartially protect scientific and technological innovation in accordance with the law, and their distinctive attitude to crack down on. (New Society)

Edit:Rina    Responsible editor:Lily

Source:China Youth Daily'

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