科技部學術倫理案件處理及審議要點之探討

Study on the Guidelines for Handling and Investigating Research Misconduct by the Ministry of Science and Technology

研究者符合學術倫理之行為，其研究成果才會受到大眾的信賴與肯定。相反地，不符合倫理之研究行為，除了重創學術聲譽，還會受到相關規定之處罰。有鑑於學術倫理之重要性，科技部制定科技部學術倫理案件處理及審議要點（以下簡稱審議要點），以規範違反學術倫 理的研究人員。然而，仔細觀察審議要點之內容，發現其存在一些疑點，並且似乎違反了法治國家的原則。由於科技部依據審議要點，處分違反學術倫理的研究人員，將對受處分的研究人員之名譽或研究自由造成重大影響，因此，本文擬從法律觀點提出審議要點有疑義之處， 並且提供建議，作為科技部修改審議要點的參酌。

Researchers must accord with the conduct of academic ethics, and the results of their studies will be trusted and affirmed by the public. On the contrary, researchers who do not meet the conduct of academic ethics that mentioned above, whose academic reputation will be seriously affected and punished by the relevant provisions. In view of the importance of academic ethics, Ministry of Science and Technology(MOST)has drawn up the “Guidelines for Handling and Investigating Research Misconduct” (hereinafter referred to as the “Guidelines for Investigating”) to regulate researchers who violated the conduct of academic ethics. However, through careful observation of the contents of “Guidelines for Investigating”, there are some doubts which seemed to have violated the principle of rule of law. Since MOST punish researchers who violated the conduct of academic ethics according to “Guidelines for Investigating” that will cause a significant impact on reputation or researching freedom of researchers. Therefore, this paper will propose the problems of “Guidelines for Investigating” from points of law and provide some advice, as for the reference and modification to MOST. Based on the above, this paper first explains the contents of “Guidelines for Investigating”, including “applicable objects”, “the methods of punishment”, and “review methods and resolution of the Academic Ethics Investigation Committee”. Secondly, this paper will explore the problems of “Guidelines for Investigating” and propose instructions for amendments.