The Regulation Of Criminal Law On Cheating In Examination

With the extensive application of examinations in the community and the state management,cheating in examination has become an urgent social problem that we need to address and solve. While this issue has caused by social and personal to various reasons, but the most fundamental reason is that: the proceeds exceed the costs. Cheating particularly in the important national examination, not only disrupt the normal order of the national examination,damage the state personnel and reserve personnel selection mechanism,also infringe the rights of others'equal examinations, has a serious social harm. China's existing departmental regulations and policy measures in the punishment of cheating in examination is too light, the indirect application of the criminal law also often lack legal basis, these laws and regulations can not be effectively curbed the behaviors of cheating in examination. Nowadays, all spheres of society are regulated by law. The criminal law carries on the regulations to the majority harm society's behavior, the exam cheating behavior also similarly has the necessity to carry on the rules and regulations with the penalty. Therefore, cheating in national examinations should be provided for the crime, pursue the criminal liability of cheating.This paper is divided into four parts:Part one mainly analyzes the phenomenon of cheating in exam comprehensively,briefly summarizes the meaning of cheating in exam. Cheating way from the start, focusing on the analysis of the causes for cheating, further reveals social harm and analyzes the nature of cheating. Cheating different from the normal examination of its existence in the "cheating". Cheating in examination is in the process of exam, people using deceptive acts, violate examination rules, resulting in the various injustice in the examination. Examination system is commonly used by the modern state as an important way of personnel selection and social inspection, it involves the community in all areas of life. As the biological of exam, cheating in exams has increasingly complex and multiple trends, methods and scale have undergone tremendous changes with the development of society and technology. Cheating becomes rampant because of the trend in the interests,the community environmental impact,legal deficiencies,personal psychological and other aspects reasons, but the most fundamental reason is that: the proceeds exceed the costs. The greatest value of the examination system is its procedure, it guarantees the outcome of the fair and just. However, cheating in exams just damages the due procedure.Part two unifies our country ancient imperial examination to punish the shortcoming measures, the discussion of imperial examination system and uses for reference to the modern state examination system perfect enlightenment. Although the ancient imperial examination system was smeared, but it can not cover the fair competition test spirit which the exam contains, also can not cover the rich inheritance that the imperial examination has precipitated in 1 , 000 years. In some sense, from the imperial examination to the modern test system,it is not the new legal regime substitutes for the old legal regime, they have certain intrinsic logic and the inheritance. Cheating in exam, all previous dynasties rulers strengthened the attack dynamics unceasingly, to harms the test system's cheating behavior, specially multiple cheating with serious cheats the case, carries on the key government. The official and examinee cheats who engaged in the exam cheating, as soon as often passes through the investigation, then be relentless severely punishes. The legal sanction which cheats to the imperial examination examinee mainly has the cangue number to expose to the public, to remove from office, the stick responsibility, to be sent to frontier service. But sanction on official, the flogging, confiscates family's property, heavy piece of exile, even number of people landing. From Ming and Qing Dynasties, two generations of exam cheating crime may in the lethal stipulation, indicate all previous dynasties feudalism dynasty to cheat the punishment to the imperial examination in severe and the ruler to the test system's value. In profited from ancient imperial examination, we should standardrize exam system, consummate the exam legal liability system as far as possible. We should take a examination through the legislation cheat decide as the illegal activity, the cheating behavior are investigated legally the legal liability, even the legal responsibility, this will certainly to have the deterrent function to each kind of exam cheating behavior.The third part is concern with the feasible analysis that cheating should be regulated with the criminal law. First, clears the scopes the criminal law regulate the exam cheating. Because the national examination is related with the society, it has very important influence, in addition this kind of exam has very strong social competitiveness. To a certain extent, whether through this kind of examination immediately influences person's future and destiny. Regarding this kind of exam cheating behavior, we must carry on the regulations using the criminal law method. In the national examination, regarding the general exam cheating holds responsible only need be suitable the administration laws and regulations, only then has the serious social hazardous exam cheating behavior, has the necessity to carry on the regulations with the criminal law. Second, further analyzes the necessity which cheating be regulated with the criminal law. When the exam cheating behavior already caused the entire society's universal attention even opposed, its social hazardous nature already comes out. If we govern it not severely, does not enlarge to the cheating behavior punishment dynamics, the exam cheating behavior can not fundamentally be able to have a new look. When other methods can not regulate effectively the exam cheating, using the criminal law to the related rights and interests carries on the protection is become the necessity. Third, analyzes the present situation and existence question that our country current law system to regulate the exam cheating. In our country law does not have the direct stipulation exam cheating behavior is the criminality, although has several crime charges in "Criminal law" to involve indirectly to the exam cheating, but punishes the serious exam cheating behavior the function to be short. Finally, unifies "Test Law" (draft) involves the legal liability which the exam cheating, proposed that regulates the exam cheating behavior with the criminal law.The fourth part is on the first three content research foundation, further discusses the crime theory of the exam cheating behavior, how to carry on the regulations to the criminal law to the exam cheating behavior in detail. First, elaborates the exam cheating indictment and crime constitution. The exam cheating crime may be defined for cheats in the state examination, and circumstance serious behavior. The exam cheating behavior has violated the state examination system, the social management order as well as other citizens'exam right. We should understand comprehensively the body scope of the exam cheating: including executes personnel who the cheating behavior and assists to cheat in the exam registration refers and the exam process. In the exam cheating, the author's subjective mistake performance for intentionally. Next, discusses the exam cheating crime's judicature to recognize and the special crime shape. In the national examination practice, some behaviors which violate the exam disciplines,the examination place rule appears frequently, Regarding some cheating behaviors circumstance not serious,consequence quite slight test, because they do not have the serious social hazardous nature, can not be recognized for the exam cheating crime. We recognize the exam cheating behaviors the action commit, so including the preparation in the crime process,attempted,to stop,the accomplished offense intentional offense stop shape. In this union realistic situation, enumerates some stop shape concrete manifestation. The ways of exam cheating behavior way already develop towards organization,formalization direction. The research exam cheating crime's joint offense shape, is advantageous to the correct understanding exam cheating author's in joint offense status and the function, thus correct applicable legislation stipulation. Finally, elaborated the exam cheating crime's legal responsibility. In the legal liability the legal responsibility is the severest sanction measure and the severest legal liability. The exam cheating crime's penalty, should adopt eliminates the method which the personal freedom punishment and the fine punishment unify. Establishes the set term of imprisonment to plant for the highest punishment, regarding take seeks to make a profit as the goal or has the illegal gains, should suppose the property punishment.Through the above four partial research, hoped that can cause the educational world to the exam cheating behavior value, consummates as soon as possible legislates. For the better maintenance exam examination system, the social management order, protects citizen's test right, promotion exam system's benign development.