The Fraudulent Practices In Recruiting Students

The fraudulent practices in recruiting students destroy the country's normal manage method of recruiting and education right of citizen, so bring about the increase of unequal phenomenon. However, the theory research of guilt for practicing favoritism and fraudulence in recruiting students is inadequate in our country now, and there are also many divergences in legal practice. Consequently, strengthen the research of this crime is propitious to consummate the legislation of guilt for malfeasance and using legal means to accelerate and ensure the justice and honesty of our public official, and has important meaning in both theory and real in flourishing our criminal law theory, consummating the criminal legislation, guiding the judicial practice, improve the circumstance of recruiting work in our country.The first part of this thesis summarize legislate background and rules of law of guilt for practicing favoritism and fraudulence in recruiting students and prove the appropriate of penalize the fraudulent practices in recruiting students. The second part using hermeneutic way and gives a new extent of the range of"student". The third part use legislate experiences of foreign countries for reference and rebuild the subject of this crime. The last part put forward the suggestions and reasons of deleting the constituent elements of crimes of both"practice favoritism and fraudulence"and"the circumstances are serious".