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The Measures for Deal with Scientific Misconduct in Germany Fei Wang Faculty of Humanities and Social Sciences, Dalian University of Technology, PRC.

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Presentation on theme: "The Measures for Deal with Scientific Misconduct in Germany Fei Wang Faculty of Humanities and Social Sciences, Dalian University of Technology, PRC."— Presentation transcript:

1 The Measures for Deal with Scientific Misconduct in Germany Fei Wang Faculty of Humanities and Social Sciences, Dalian University of Technology, PRC

2 Introduction In order to prevent and control scientific misconduct, protect scientific integrity, many governments and academia successively set up administrative organization, draft policies and regulations according to native national conditions, enhance the ethical education of scientists and take measures of precaution and punition. Different from America and several other countries, German universities and scientific institutions think protecting research integrity is the responsibility themselves, the government's management is not only unnecessary but also inefficient.

3 In Germany three important rules were announced to deal with scientific misconduct: First, the verdict of Federal Administrative Court of Germany enacted the legal norm for dealing with scientific misconduct in 11.12. 1996. Second, the Senate of the Max Planck Society passed "Legal Process of Querying Scientific Misconduct" in 14.11.1997. Third, "Advocates about Ensuring Good Scientific Practice and Guidelines for Dealing with the Scientific Misconduct" was approved by the “Self-control in Sceince " Committee of DFG in 19.1. 1998.

4 1. the definition of the scientific misconduct in Germany 2. Investigation procedure 3. Sanction measures of research misconduct 4. Cases in Germany 5. Enlightenment for our country

5 1.the definition of the scientific misconduct in Germany bribery "One Piece of Article Contributed to Several Places Participate in commercials FFP Deletion of primary data Sabotage Preoccupancy of the (co)authorship Co- responsibility

6 2. Investigation procedure Ombudsmann(Trustfuldocent of DFG) Commission( 3-5 experienced Professor in own university or three professors and two external members; the office term is 3 years) Central Commission Accusation(Reporter) listen to view of suspect (2 weeks) Pre-investigation investigate and decide (2 weeks) Formal Investigation listen to view of suspect, investigate and decide

7 3. Sanction measures of research misconduct A.According to the labor law, may warn to sb., dismiss supernumerary and permanent staff, terminate a contract or dismiss sb. from his position. B. According to the academic rules, can carry on the school internal processing(exempt the academic status, exempt the teacher qualifications); external processing (inform the scientific organizations and scientific associations, as well as promotion organizations and the resolutions committee.); or take back the published works.

8 C.According to civil law, hand over the stolen scientific material; eliminate or give up copyright, human rights, patent rights, competition rights, and the right to revoke scholarships, etc., compensate to the university or the third party in the human rights and other injury.

9 D. According to criminal law, university presidents make a judgment whether or to what extent the university carries out criminal charges on this matter: harm copyrights, forged documents (including counterfeiting technology draft), destroy the facts (including tampering with the data), damage property and ability (such as theft, swindle the promotion material), injury other people's life and the privacy, damage other people's lives and body. If the above behavior occurs, will be punished in accordance with criminal law.

10 A.the academic cheating of tumor specialist Friedhelm Hermann, Marion Brach in 1997 Molecular Biology Dr. Eberhard Hildt found that their data is fabricated. He obtained their original data, and once confronted Friedhelm Hermann and Marion Brach, but ended without result. he turned to his doctoral mentor. His doctoral mentor and his colleagues make a review of the material provided by Hildt together, founded the data was bogus. He informed the Friedhelm Hermann and Marion Brach's university. Their university has set up the investigation committee immediately 58 papers were considered having great suspicion of fraud Many partners had been involved in this event.(Roland Mertelsmann and two other his collegues) 4. Cases in Germany

11 B. the event of chirality of the chemist Dr. Guido Zadel in 2004 His doctoral dissertation in 1995 was confirmed by the investigation group that has the fabricated data. His published research results early caused a sensation in the professional field and industrial fields. At least 14 research teams, thousands of companies engaged in this research. The committee immediately launched an investigation. Result: Doctoral qualification of Zadel was canceled,Zadel The Nobel Prize originally expected to receive was miscarry, and also the well-paid position that were expected to obtain was missed.

12 C. C. the event of Joachim Boldt in 2011 His studies of hydroxyethyl starch were suspected for falsifying research data. He once was considered as a top anesthetist and the expert in Intensive Care Medicine in Germany. His research results were widely published in the all major European medical journal, and were applied to the British Anesthetist Medical Guideline. The association of German anesthesiology and intensive-care medicine mentioned: "The published articles does not have the science investigation ", "The research has not been laboratory- and patient data". Joachim Boldt was dismissed by the hospital in 2011.2, supernumerary Professor position in Giessen Jesus Liebig University was exempted, and the teacher qualification is canceled.

13 5. Enlightenment for our country 5.1 Strengthen the self-management in science Different from American and some other countries the German scientific community specially emphasizes the self-management in science, proposed the quite effective management measures and drew up the quite strict legal laws and regulations. The executive routine based on this idea. And this is exactly the deficiency in Chinse science community. Accustomed to long-standing dependence on government, our scientific institutions lack certain essential capacity, therefore some functions of their own can't play well, also can't fill the lacunae caused by the inadequacy of government functions. Various scientific institutions of our country should change the idea, strengthen the ability of self-supervision and self-management, perfect supervision- and management mechanism as well as the corresponding regulations and procedure.self-supervision

14 5.2 Lay stress on prevention A.the universities (research institutes), research teams and individuals engaging in research should be responsible layer upon layer the universities have the institution responsibility for teaching and training young scientists Leaders or represents of each working group should obey the scientific norms. Students and young scientists in university must concern themselves about their own future plans, oppose possible scientific misconduct in their area.

15 B. the faculty should formulate the correlation measure to safeguard effective education arrange some lectures about "scientific misconduct" It should explicitly told each young scientists the norms of good science practice C. define "good scientific practice" for each field in writing form.

16 4.3 strengthen the protection of the reporter Protection measures are arranged in all aspects in Germany. First, in the process of the trial, the identity of the reporter should do anonymous processing, it has a strict limit to make public his identity. In 2005 the Ombudsmann suggest: A. prevent damage to the informants through the precautions. B. the commission may consider setting up aid fund or giving short-term financial assistance.short-term C. the informants can apply for financial aid on base of the prosecution proof.

17 Thank you !

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