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举报立法和报告研究不当行为:相互学习的案例
1Cnrs, Ctad (Umr 7074), Université Paris Nanterre, Nanterre, France.
Accountability in research
|July 25, 2023
概括
研究不当行为报告法规和举报人保护法律已经分别发展. 本分析探讨了它们的趋同和分歧,为改善法律框架和举报人保护提供了见解.
科学领域:
- 法律研究 法律研究
- 科学政策 科学政策 科学政策
- 研究伦理学研究伦理学
背景情况:
- 自20世纪80年代以来,报告研究不当行为的规定发生了重大变化.
- 国家立法保护举报人和接收警报也同时发展.
- 这些立法领域虽然有共同的报告目标,但在很大程度上是孤立发展的.
研究的目的:
- 分析举报人立法与研究不当行为报告之间的趋同和分歧.
- 确定每个法律框架对另一个法律框架的潜在贡献.
- 提出改善举报人的程序和保护在研究不当行为背景下的途径.
主要方法:
- 分析欧盟法律.
- 检查法国对欧盟法律的转化.
- 对举报和研究不当行为报告框架的比较法律分析.
主要成果:
- 确定了两个法律领域之间的具体趋同和分歧.
- 强调了举报法如何为研究不当行为的程序提供信息,反之亦然.
- 表明需要更好地整合这些法律框架.
结论:
- 关于报告研究不当行为和保护举报人的现有法律框架需要更好的联系.
- 整合来自两个领域的见解可以提高程序效率和保护水平.
- 进一步的发展应侧重于协调这些相关但孤立的立法努力.
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