In fact, the plaintiff Huang (now working in a law firm, Ph.D., University of Edinburgh) insisted on 1 1 year for "plagiarism of doctoral thesis", and finally succeeded in defending rights, which was not easy.
Huang is a Ph.D. student at Edinburgh University and Wang Chao is a Ph.D. student at Gangcheng University. They often exchange academic information by e-mail. 20 1 1 Huang found that Wang Chao graduated from the City University of Hong Kong, and many contents of his doctoral thesis were highly similar or even identical to his own draft, probably because Huang had sent the draft to Wang Chao.
Wang Chao sent an email to Huang.
Wang Chao sent an email to Huang.
On 20 13, Huang began to complain about Wang Chao's plagiarism. HKU also admitted Wang Chao's plagiarism, and the paper was deleted from the school official website. I'll go. so this is it？ A normal person would think that the treatment was too light, let alone Dr. Huang, so he sued Wang Chao to the court, and both the first trial and the second trial won.
On June 23, 2022, the second instance upheld the judgment of the first instance, arguing that Wang Chao's doctoral thesis copied the viewpoint of the yellow thesis, infringing on the rights of publication, signature, reproduction and information network dissemination, and ordered Wang Chao to immediately stop the infringement, publicly apologize in the newspaper and compensate 1 15000 yuan.
Such a judgment belongs to civil liability, and the judgment of the court is completely reasonable. According to the Reply on How to Identify Plagiarism given by the Copyright Administration Department of the National Copyright Administration to a municipal copyright bureau, the definition of "plagiarism" is "stealing other people's works or publishing fragments of works".
Papers belong to written works. According to China's copyright law, authors have complete copyright on their own papers, including the right to publish, the right to sign, the right to modify, the right to protect the integrity of works and the right to receive remuneration.
Paper plagiarism is definitely plagiarism from the perspective of copyright law. Professor Wang Chao extracted and copied the contents of the original paper without the consent of the original author. Isn't this an obvious infringement of copyright? Article 47 of the Copyright Law stipulates that anyone who plagiarizes another person's written works shall bear civil liability, including stopping the infringement, eliminating the influence, making an apology and compensating for the losses.
Civil liability has been assumed, but plagiarism also involves administrative liability. At present, the school has not made any administrative punishment or punishment, only suspended the teaching work in Wang Chao, and may be under investigation.
Article 3 of the Measures for Handling Dissertation Falsification by the Ministry of Education stipulates the falsification of dissertations, one of which is "plagiarizing other people's works and academic achievements".
What should I do if I find fraud? Article 7 stipulates that if there is plagiarism in the thesis applying for a degree, the degree-granting unit may cancel its qualification to apply for a degree; If a degree has been obtained, the degree-conferring unit may revoke its degree and cancel its degree certificate according to law. But also to the public. For at least 3 years from the date of implementation, all degree-granting units shall not accept the degree application of plagiarists.
It should also be noted that if the degree applicant is a student, then the school or the degree-granting unit can give the punishment of expulsion; On-the-job, degree-conferring units may give disciplinary sanctions and notify their units.
According to this regulation, whether the university should give Professor Wang Chao administrative responsibility and whether it is reasonable to revoke his doctorate should be made public.
China's laws and regulations are constantly improving. Now our country has a clear criterion for judging plagiarism in papers at the level of laws and regulations. According to these standards, there is no problem. Since you plagiarize other people's papers, if the circumstances are serious, you should bear administrative responsibility, civil responsibility and criminal responsibility. Besides, the court has ruled that it is time for the school to respond.