On The Regulation Of How To Punish The Malpractice In The National Examination

In contemporary society, the examination system has become an important means of hiring qualified personnel fairly, not only for the state, also for all walks of life. However, there is cheating examination act Closely with it. Cheating in examination damaged the principles of open, fair and just. It greatly destroyed the seriousness and credibility of national examination and endangered social stability and harmony. Therefore, cheating on examinations should be prevented and punished. However, there is no uniform law concerned China's national examinations, with the increase awareness of the law in majority of candidates gradually, more and more litigation about penalties in national examination being sued, but the trial fall into a plight which there are no specific provisions and can not quote directly. So how to regulate the national examinations, which institution and organizations have the power, what are the standards,How to punish the cheat, and how can they attain the effective relief in time, these are the issues we can not evade about the rule of law in national examination in modern society. The punishment of Cheating is an important component in national examination legal system, it is of great significance on effectively preventing cheating in examinations, restricting the powers of the executive and protect the legitimate rights and interests of the candidates, and it is also the urgent problem to be research in the legal system.This paper is divided into four parts. The first part is the introduction, introduced the significance of topics and the status. The second part discusses the relevant principles of the national examinations, the concept of cheating in examinations, also the concept and characteristics of the punishment, which defined the scope of the issue in this paper. The third part analyzed the necessary of the punishment of cheating in examinations, expound the issues about entity rules , procedural rules and the relief, also the significance of the regulatory system for legal punishment. In Part four, against problems existing in the third part, provided the specific ways for improving the national exam's cheating punishment, firstly, it should be made clear the basic principles of cheating punishment and made a guiding ideology for legislation and enforcement; secondly, separating from the Legislation, procedures and ways to improve national relief of Cheating punishment, to achieve the purpose of administering the test.