| Empirical study is a method of producing knowledge essentially. Compared with the theoretical study, its particularity lies in that, it directly takes living person as the research objects, and takes the facts as the basis. Thus its process and result should be more persuasive. However, big scale empirical study often needs certain financial aid, and some sponsors also intentionally or unintentionally influence the research process and result. The sponsor decides which topic to fund, and the researcher chooses which topic to study. These potential preferences enable the empirical study to have certain subjectivity. In addition, because the objects of empirical study of criminal law are always the criminal victims, suspects, defendants or prisoners who are at a disadvantage, their right to know, right of privacy or others are easier to be infringed by the empirical study. Even more, the empirical study may also cause miscarriage of justice. From the research angle, the empirical study will sometimes create research pollutions that affect the smooth development of other empirical studies. This requires making clear the rights, responsibilities and duties of the related research fellows in empirical study. The overall thought is to unify the autonomy, discipline and law. Especially, it is necessary to formulate the ethical standards of empirical study, clear about the respect, protection, equity, comprehensiveness and other basic ethical principles of empirical study, and set up the ethic review committee and the review procedure. In practice, to develop an empirical study also faces many difficulties. So it also needs to establish the corresponding safeguard mechanisms, such as entrusting specific organizations the power of developing empirical study, stipulating the coordination and tolerance duties of the objects, and giving the full safeguard in the research fund and time.Ethic and technique are the two important aspects in the empirical study. The researcher should be good at balancing the relationship between them. Correspondingly, whether the empirical study projects is successful or not should also be weighed and evaluated from two aspects. One is whether it has followed the ethical standards of empirical study, and the other is whether it has a substantive breakthrough in its research result or its method technique. |
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