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Decree No. 40 of the Ministry of Education of the People's Republic of China
The Measures for Preventing and Dealing with Academic Misconduct in Institutions of Higher Learning was approved on April 5, 2016 by the 14th Executive Meeting of Ministers of the Ministry of Education in 2016, and is now promulgated and implemented on September 1, 2016.
Minister of Education
June 16, 2016
Measures to Prevent and Handle Academic Misconduct in Colleges and Universities
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Higher Education Law of the People's Republic of China, the Law of the People's Republic of China on Scientific and Technological Progress and the Regulations of the People's Republic of China on Academic Degrees in order to effectively prevent and seriously investigate academic misconduct in Institutions of higher learning, maintain academic integrity and promote academic innovation and development.
Article 2 The term "academic misconduct" as mentioned in these Measures refers to acts that violate generally accepted academic norms and academic integrity in scientific research and related activities of institutions of higher learning and their teaching and research personnel, managers and students.
Article 3 In preventing and dealing with academic misconduct, institutions of higher learning should adhere to the principle of giving priority to prevention and combining education with punishment.
Article 4 The Ministry of Education, the relevant departments of the State Council and the provincial education departments are responsible for formulating macro-policies for the construction of academic atmosphere in Institutions of higher learning, guiding and supervising the construction of academic atmosphere in Institutions of higher learning, establishing and improving mechanisms for dealing with major academic misconduct in Institutions of higher learning under their control, and establishing a system for the notification and disclosure of relevant information on academic misconduct in Institutions of higher learning.
Article 5 Institutions of higher learning are the subject of prevention and treatment of academic misconduct. Institutions of higher learning should build an academic integrity system that integrates education, prevention, supervision and punishment, establish a work mechanism for the construction of academic atmosphere led by the principal responsible person, clarify the division of responsibilities, and improve the rules and procedures for the prevention and treatment of academic misconduct in their schools in accordance with these measures.
Institutions of higher learning should give full play to the role of academic committees in the construction of academic atmosphere, support and guarantee the academic committees to perform their duties according to law, and investigate and identify academic misconduct.
Chapter II Education and Prevention
Article 6 Institutions of higher learning should improve their academic governance system, establish a scientific and fair academic evaluation and academic development system, and create an academic environment that encourages innovation, tolerates failure, is not arrogant and impatient, and has a clean atmosphere.
In scientific research activities, teaching and research personnel, administrators and students in Institutions of higher learning should follow the scientific spirit of seeking truth from facts and a rigorous and earnest attitude towards scientific research, abide by academic integrity, abide by academic standards, respect and protect the legitimate rights and interests of others such as intellectual property rights.
Article 7 Institutions of higher learning shall take academic norms and academic integrity education as the necessary contents of teacher training and student education, and carry out education and training in various forms.
Teachers should conduct academic norms, academic integrity education and guidance for students under their guidance, and conduct necessary checks and audits on whether students publish papers, research and write dissertations in accordance with academic norms and academic integrity requirements.
Article 8 Institutions of higher learning shall, by means of information technology, establish an intellectual property inquiry system for academic achievements and contents of dissertations, and improve the mechanism of academic standardization and supervision.
Article 9 Institutions of higher learning should establish and improve the scientific research management system, preserve the original data and materials of research within a reasonable period of time, and ensure the authenticity and integrity of scientific research archives and data.
Institutions of higher learning should improve the procedures for evaluating scientific research projects and appraising academic achievements, and make public the basic information of non-secret scientific research project declaration materials and academic achievements in an appropriate way in accordance with the characteristics of the discipline.
Article 10 Institutions of higher learning shall abide by the law of academic research, establish scientific standards and methods for assessing and evaluating academic level, guide teaching, scientific research personnel and students to devote themselves to research, and form innovative and original research results.
Article 11 Institutions of higher learning shall establish records of academic integrity of teaching and scientific research personnel, and strengthen academic integrity assessment in annual assessment, Title evaluation, post employment, project setting, talent plan and merit award.
Chapter III Acceptance and Investigation
Article 12 Institutions of higher learning shall specify specific departments to accept reports of academic misconduct by social organizations and individuals to their teaching and research personnel, managers and students; if conditions permit, they may establish special posts or designate special persons to be responsible for consulting, accepting and investigating matters related to reporting academic integrity and misconduct.
Article 13 A report of academic misconduct shall generally be submitted in real name in writing and meet the following conditions:
(1) having clear targets for reporting;
(2) The fact that academic misconduct has been committed;
(3) There are objective evidentiary materials or verification clues.
If the report is made anonymously, but the facts are clear, the evidence is sufficient or the clues are clear, the institutions of higher learning should accept it as the case may be.
Article 14 Institutions of higher learning shall, according to their functions and powers, actively investigate and deal with academic misconduct involving their own personnel, which is publicly reported by the media or voluntarily disclosed by other academic institutions or social organizations.
Article 15 Where the acceptance organ of an institution of higher learning considers that the reporting material meets the requirements, it shall make a decision on acceptance in a timely manner and notify the informer. If it is not accepted, the reasons shall be stated in writing.
Article 16 After accepting the report of academic misconduct, it shall be submitted to the academic committee of the school to organize an investigation in accordance with the relevant procedures.
Academic committees may entrust relevant specialties
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