The dissertation of the associate professor of the International Law of Zhejiang University was sentenced to plagiarism and plagiarism.

▲ Personal profile of Wang Chao's personal homepage about Wang Chao.

Red Star News reporter 丨 Chen Qingyuan intern 丨 Zhang Jie Li Longliang

Edit 丨 Pengjiang

Wang Chao, an associate professor studying international law from the Guanghua Law School of Zhejiang University, was defeated in the case because of his doctoral dissertation involving plagiarism.

Huang Yangyang studied blog at the University of Edinburgh. Wang Chao studied the blog at the Hong Kong City University (hereinafter referred to as the Hong Kong City University). Although she and Wang Chao were different in schools, they often communicated with academic related content through emails. In 2011, Huang Yangyang found that Wang Chao, who had graduated from the City University of Hong Kong, had a doctoral dissertation during his doctoral dissertation. Wang Chao, who had graduated from Hong Kong University, had a large number of doctoral dissertations as the same or highly similar to her papers. It is worth noting that she sent the draft paper to Wang Chao a few years ago.

In 2013, Huang Yangyang began to complain to the Hong Kong City University's thesis plagiarism. Hong Kong City University determined that Wang Chao's thesis plagiarized and removed this paper from the school's official website. Huang Yangyang believes that Hong Kong City has been treated too lightly, so he complained Wang Chao to the court in Shanghai, and the first and second trials won the case.

On June 23, 2022, the court of the second instance maintained the judgment of the first instance court, thinking that Dr. Wang Chao's thesis plagiarized Huang Yangyang's thesis point of view, infringe on the right to publish, copy the right to sign, copy, and information network dissemination. The newspaper publicly apologized and compensated a total of 115,000 yuan.

01

Plaintiff: Draft to Wang Chao's paper to Wang Chao

A few years later, I found a similar paper

The plaintiff Huang Yangyang was the first instance of the case. Since October 2003, he has been engaged in legal research at the University of Edinburgh in the UK. In July 2013, he obtained a doctorate certificate issued by the university. Now a lawyer.

The defendant Wang Chao graduated from Hong Kong City in February 2010, and later went to Yale University to be a visiting scholar. Since 2017, he has been an associate professor and a master's tutor for Zhejiang University. It is also a high -level talent in the Zhejiang Provincial Ministerial Units and has a number of academic or social public welfare positions.

Huang Yangyang told the Red Star News reporter that in 2005, Wang Chao went to the University of Edinburgh to exchange and learn in the first year when Wang Chao studied in Hong Kong City. After being introduced by classmates, they met at the University of Edinburgh. Soon after knowing, Wang Chao returned to Hong Kong City University. Due to the similar fields of professional fields, the two people have encountered learning related issues, and they have maintained contact through emails for many years.

Huang Yangyang said that she started writing from 2005 in the paper. By 2008, she faced the mid -term assessment. The medium -term assessment needs to write the core chapters of the paper and participate in the defense in the review of the school. Complete doctoral degrees within a reasonable period.

In early April 2008, she sent the core chapters of the paper to her doctoral supervisor through emails. In mid -April, Wang Chao was sent to Wang Chao, and Wang Chao responded to several amendments the next day when he received the email. After Huang Yangyang participated in the defense at school, the papers she submitted before were required to be repaired.

Wang Chao completed the doctoral dissertation involved in the case in Hong Kong City in December 2009 and obtained a doctorate degree in philosophy from the school. He obtained a degree certificate issued by the school on February 17, 2010.

On July 2, 2011, when Huang Yangyang retrieved online, he accidentally discovered Wang Chao's PhD thesis published in Hong Kong City's official website in 2009. The direction of the subject was the direction of her writing.

"I couldn't believe it at the time! After downloading Wang Chao's papers, I was simply a thunderbolt, there were more than 300 pages of the paper, and the content of the main article was 67 pages. It's all copied, and I will not change the word at the end. "Huang Yangyang said.

Huang Yangyang told the instructor about this, and the instructor Huang Yangyang told her that this would not affect her graduation, because at the University of Edinburgh, a staged report will be submitted at each stage of the paper. Rights protection will take a lot of energy, and it is recommended to complain after graduation.

After returning to Shanghai after graduating from Huang Yangyang in 2013, he initiated a complaint with Hong Kong City. The collected evidence materials are uploaded to the Baidu network disk and mail the complaint materials to Hong Kong City University. The email pointed out that Dr. Wang Chao's thesis is similar to her drafts of her papers, and Wang Chao's behavior belongs to plagiarism. The Special Committee of Hong Kong City was established to investigate the matter.

02

After the complaint was suspected to receive the "threat" letter

The school withdraw the paper

Soon after Huang Yangyang reported to Hong Kong City University, on July 20, 2013, Wang Chao sent an email to Huang Yangyang that this report "has caused me the consequences that you may not imagine", which makes him unable to face the surrounding one. People, he was worried that his degree was revoked. "I am wrong, ashamed!" Wang Chao also hoped that Huang Yangyang could contact him to talk to him.

▲ Wang Chao's email to Huang Yangyang.

Huang Yangyang said that after discovering Wang Chao's plagiarism of her paper, she never took the initiative to contact Wang Chao in this case, and after receiving Wang Chao's email, she did not reply to Wang Chao.

On December 31, 2013, Wang Chao sent an email to Huang Yangyang again. The email first mentioned that he gave Huang Yangyang a reply but she did not reply. Then Wang Chao said, "Although I have all your contact information and personal information, the United Kingdom and the country in China Family telephone address and even your entry and exit records, but I still hope that you can take a responsible attitude to solve this controversy between us (of) ... "

▲ Wang Chao's email to Huang Yangyang.

▲ The text message from Wang Chao to Huang Yangyang. During the first instance, the Hong Kong City Commission asked Wang Chao to send an apology email during the investigation. Wang Chao faced inquiries, "In the academic circle, the complaint of plagiarism is a very serious thing. My instinctual response is to contact the complaint to understand her complaint." He believes that Huang Yangyang's academic level is low. Huang Yangyang cooperated, and he no longer helped her after 2009. This may hurt Huang Yangyang's self -esteem. At that time, his career was on the rise. He just wanted to send an email with a mentality of peace.

The members of the committee believed that Wang Chao said a lot but did not really answer the question, and asked Wang Chao's reason again. He also told Wang Chao, "The complaint has happened for 7 months. Judging from the content of the letter, you know she complained to your thesis plagiarism. "

Wang Chao said that he apologized because they had cooperated before, but he did not help her. He later sent an email to hope that Huang Yangyang took the initiative to contact him.

Huang Yangyang pointed out that during the investigation of the Hong Kong City University, Wang Chao said that Huang Yangyang copied his papers and pointed out that Huang Yangyang's thesis was not original. I have some evidence. "

After three years of investigation, on April 8, 2016, the Deputy Dean of the Graduate School of Hong Kong City sent an email to Huang Yangyang that the special committee designated by the school's board of directors has completed the investigation of the matter. The Special Committee believes that Wang Chao did not plagiarize the main idea of ​​Huang Yangyang's papers, including "research ideas and concepts"; about Huang Yangyang advocated Wang Chao's draft of the fourth chapter of her doctoral dissertation. Suspected 9 items in the project table. Huang Yangyang also said that after the hearing, Hong Kong City was released from Wang Chao's 2009 version of the doctoral dissertation.

Huang Yangyang is not satisfied with the results of the treatment of Hong Kong City. Huang Yangyang believes that Wang Chao's core chapter of plagiarism in her papers, the ideas and framework structure of Wang Chao's doctoral dissertation, all carried out on the basis of her research project. The results of the school's handling were to remove the infringement articles, did not publicize the results of the investigation, and did not revoke Wang Chao's degree. This made her feel very unfair, so she sued Wang Chao to the court.

03

The court determined that Wang Chao plagiarized thesis in the first instance

Multi -high heights are similar

The Supreme People's Court's Interpretation of the Application of the Civil Procedure Law of the People's Republic of China "was implemented in February 2015. Among them, Article 25 of the" Explanation "stipulates that the implementation of information network infringement includes computers that implement the infringement behavior, etc. Where the information equipment is located, the occurrence of infringement results include the residence of the infringer. This means that Huang Yangyang can also sue in Huangpu District People's Court, Shanghai.

In 2016, Huang Yangyang began to sue to the local courts in Shanghai. After several twists and turns, the court filed a case in April 2018. The case was tried in the first instance for 3 years, and the trial was 10 times. Because of the comparison of two doctoral dissertations in English, the workload is very large.

Huang Yangyang prosecuted that she accidentally discovered that Dr. Wang Chao's thesis published on the official website of Hong Kong City "Trade Relief in Regional Trade arrangements: practice, law and others" Beyond "), the paper was published in 2009. The thesis title, main structure, and core views all plagiarized Huang Yangyang's doctoral dissertation. The third part of Wang Chao's thesis is the same or highly similar to the draft of the core chapter of Huang Yangyang's thesis.

Huang Yangyang hopes that the court ordered Wang Chao to stop the doctoral dissertation of her copyright "WTO and trade relief measures under the regional trade agreement -Chapter 4 The Legal Examination of Innovation Trade Relief Measures in the Regional Trade Agreement" (draft) (draft) 《Trade Remedy Measures In WTO and Regional Trade Agreements——Chapter 4 Legality of the Innovative Trade Remedy Measures in Regional Trade Agreements》）（以下简称第四章草稿）的侵害；王超向黄阳阳公开赔礼道歉，在《新闻晨报》 The layout except the seam issued an apology statement; the compensation of Huang Yangyang's economic losses of more than 50,000 yuan; the reasonable cost of compensation for rights protection was more than 97,000 yuan.

Wang Chao argued that the draft of the fourth chapter of the papers of Huang Yangyang's plagiarism, in fact, a large number of plagiarism and the third party literature, accounting for 80%. The legal expression or professional expression involved in the thesis is extremely limited. Huang Yangyang cannot restrict others on this issue; Wang Chao also put forward more substantial modification opinions on the draft, which are all adopted by Huang Yangyang. ; Huang Yangyang's similar content is caused by the requirements of academic norms and limited expression in professional fields; although the amendment of Hong Kong City's amendments to the dissertation is a strict academic standard from suspicion, and did not determine that Wang Chao had a behavior of infringing copyright rights. Essence Wang Chao believes that his behavior does not constitute infringement. He is an academic dispute. It is a malicious complaint of Huang Yangyang. The court of first instance believes that in addition to different words and phrases, the papers and defendants are basically the same in terms of words, sentences, and logic. In terms of text expression, Huang Yangyang's papers have a total of 40 places compared to the similar tables. According to the court's verification, the comparison table is not handled by the two items that exceed the scope of the claim and did not proof. Similarly, the content of 5 parts constitutes substantially similarity, and multiple papers are not original or very weak, and one place does not constitute similarities. What needs to be specifically explained is that the format of Wang Chao's thesis is exactly the same as that of Huang Yangyang's thesis. The oblique format of the two individual words of Wang Chao's thesis is also exactly the same as that of Huang Yangyang's thesis, and Wang Chao failed to explain a reasonable explanation. In addition, in terms of paragraph structure, there are many high or substantial similarity.

The court believes that the official website of the University of Edinburgh clearly shows that the signature of the doctoral dissertation including the content of the papers involved in the case is Huang Yangyang, and the fourth chapter of the Huangyang Yang paper is the intellectual achievement of Huang Yangyang; the draft of the fourth chapter of the paper has basically clear concepts, smooth liberal arts and sciences, self -consistent logic, The conclusion is reasonable. Although some content has problems such as omissions and references the third party literature, as a whole, the boundary of the reasonable use is not significantly exceeded, which is in line with basic academic norms and constitutes works in the sense of copyright law.

Regarding Wang Chao's argument that Huang Yangyang's papers involved in the case plagiarism, the third party literature or from the public field, are not original. Protection of copyright law. When investigating the complaint at Hong Kong City, Wang Chao after receiving the comparison table of all complaint materials of Huang Yangyang and the paper comparison table of Hong Kong City's production, Wang Chao's defense was mainly reflected in the paper that he had completed in 2007 To prove that his related research results have been formed before Huang Yangyang completed the papers involved in the case. However, in this case, Wang Chao did not mention the above defense claims, but proposed a large number of plagiarism laws, the third party document or from the public field from Huang Yangyang. First, contradictions are obviously contrary to common sense.

The court of first instance believes that although Hong Kong City has now been removed from Wang Chao's 2009 version of the doctoral dissertation, and Huang Yangyang did not preserve notarization evidence in time for Wang Chao's 2009 version of Wang Chao, which was discovered and downloaded on July 2, 2011, but the court based on it. The relevant evidence provided by the plaintiff and the defendant can prove that Wang Chao's 2009 version of the doctoral dissertation was published on the official website of Hong Kong City.

The court also believes that after being reported to Huang Yangyang's email and other evidence, it can prove that Wang Chao has a subjective intention to copy plagiarism. Wang Chao's thesis and Huang Yangyang's first -created papers are substantially similar at the two levels of text expression and paragraph structure. The number has exceeded the scope of coincidence, reasonable use or reasonable reference, constitutes copyright infringement. Wang Chao's behavior is in line with the constituent elements of plagiarism to infringement, and it constitutes plagiarism in the draft of the papers of Huang Yangyang in Chapter 4.

On October 23, 2020, the People's Court of Huangpu District of Shanghai believes that Wang Chao's behavior violates Huang Yangyang's right to publish, signature, replication, and information network dissemination. The decree should immediately stop Wang Chao's doctoral dissertation to the plaintiff Huang Yangyang's "Trade Relief Measures under WTO and Regional Trade Agreement -Chapter 4 The Legal Examination of Innovation Trade Relief Measures in the Regional Trade Agreement" (draft) (draft) (draft) (draft) Trade Remedy Measures In WTO and Regional Trade Agreements——Chapter 4 Legality of the Innovative Trade Remedy Measures in Regional Trade Agreements》）著作权的侵害；并向黄阳阳公开赔礼道歉，在《新闻晨报》（除中缝以外的版面）刊登The apology statement once (the content of the statement must be reviewed by the court); the economic loss of Huang Yangyang's economic loss was 30,000 yuan and the reasonable expenditure for the rights to protect rights was 85,000 yuan.

▲ First trial judgment.

Wang Chao refused to obey the first instance judgment to filed an appeal. On June 23, 2022, the Shanghai Intellectual Property Court made a second trial judgment to maintain the results of the first instance judgment.

Huang Yangyang said that the domestic academic circle also has plagiarism of other people's research results, bringing bad atmosphere to the society. This is largely due to the low cost of fraud and high returns, but the accountability is very difficult.Huang Yangyang sued Wang Chao as "hoping to make a case and play a role in purifying the academic environment."Red Star reporter called Zhejiang University last week and July 13. He learned that Wang Chao was still teaching at Zhejiang University and had doctoral students. Many staff members of the university expressed that they did not know about Dr. Wang Chao's dissertation.

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