Reference or plagiarism? "Stealing" knowledge requires legal responsibility

2023-01-16

Recently, a number of doctors from Xi'an Jiaotong University were criticized for falsifying academic papers, tampering with research data, plagiarism of project applications and other bad events, and the news attracted wide attention and discussion from all walks of life. In recent years, "academic misconduct" has occurred from time to time, which is due to the low cost of plagiarism and the difficulty of safeguarding rights. Since the incident occurred among colleges and universities and senior intellectuals, its impact was extensive. Reference or plagiarism? The so-called "academic fraud" refers to academic corruption such as plagiarism, plagiarism, possession of other people's research results, or falsification or modification of research data. Academic fraud is not only a manifestation of violating academic morality and scientific spirit, but also a product of impetuosity and instant interest in the academic field. Because the boundary between the reference and plagiarism of academic achievements is not very clear, how to distinguish them is more ambiguous in academic papers. Therefore, in recent years, there have been many incidents of plagiarism and plagiarism of academic papers exposed, but the parties rarely admit defeat and take the liability for infringement with conviction. Most people take advantage of this "shield" to take chances. So, what is the essential difference between borrowing and plagiarism in the use of written works? Xu Kehui, assistant judge of Beijing Chaoyang Court, believes that the so-called plagiarism refers to the act of stealing or modifying others' works as their own, completely or partially copying others' works or changing their form or content to a certain extent in the same way of use, which is a serious infringement of others' copyright. In a broad sense, reference refers to comparing other people or things with one's own, so as to learn experience or lessons. It refers to other people's experience or lessons that can be compared with one's own, so as to learn from each other. According to our commonly understood view, plagiarism is similar to "copy as is", while reference is more like "reference promotion". "Generally speaking, it is legally permissible for the author to use the theme, subject matter, viewpoint, idea, etc. reflected in another work to create new works, which cannot be regarded as plagiarism. This is also the original intention and manifestation of the fair use system stipulated in the copyright law, that is, knowledge can only be developed through continuous accumulation and updating, and any creative activity can never be separated from the reference and use of existing works." Xu Kehui said, however, since everyone's original works are protected by the copyright law, the use of knowledge also needs to be carried out within the scope of legal protection. Xu Kehui believes that in the identification of reference or plagiarism, the following two aspects should be considered comprehensively: on the one hand, it depends on the extent to which the latter uses and changes the original works. This requires comprehensive understanding after reading the full text of the work. It is not surprising that the ideological direction of the article is generally the same. The key is to see how the author expresses this idea in language and words, and how to grasp the paragraph structure and sentence wording of the article; On the other hand, it depends on whether the features reflected in the works are consistent and distinct. As the saying goes, the sky above everyone's head is blue, but in everyone's heart, the sky is not the same. Therefore, although each work may express a central idea, it must have its own unique view or expression

Edit:Hou Wenzhe    Responsible editor:WeiZe

Source:guangming net

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