A Study To Restrict The Malpractice In The National Examination With Criminal Law

This article discusses the malpractice in the important examination organised by the nation which decides the examinee destiny . The phenomenon of malpractice in the examination has prolonged existence. Specially With the technology and communication developing today, the malpractice in the exam is increasing more and more fiercely .The ways and means of malpractice is various. The cause of this phenomenon is extensive .including social, economic, educational ,and mental, etc. Since the new china founding, The educational system of our country stipulate the malpractice as only general illegal behavior, it lacks ponder to this domain with criminal law argument .It is very harmful to carry malpractice in the national examination. In some degree, the lucky psychology of the cheater exists the lack of the criminal law. It is a pity that the examination lacks the controlling with the criminal law. The malpractice in the national examination is disadvantageous to the social fair competition, is disadvantageous to pretect the examinee's legitimate rights and interests ,is more disadvantageous to select outstanding and capable person for the country. This article tries to analyze the necessity and the feasibility of this domain with criminal law.