A Study On The Crime Of Organizing Examination

At present,large and small tests held each year in our country,the midterm and final exam at school、higher education entrance examination、certified public accountant examination、the national English test band 4 and band 6、and so on. The exam has not as simple as the original, government selection of excellent talents for the society,now in the examination room filled with phenomenon of cheating in the exam.Like the national college entrance examination,place almost every year in the university entrance exam cheating,to ban repeatedly.Cheating seems to have formed a kind of examinee, parents culture by default.There are more and large scale of cheating in the exam,showed a trend of organization, collectivization,cheating to diversification,equipment of high-tech cheating degree comparable to intelligence work equipment.Such a social phenomenon has seriously disturb the order of the exam,damage to the rights of other students,endanger national examination system. Cheating in the exam is not only a student personal integrity problem,more of family education are not available,school of education and management system has flaws and allowing for cheating.Past personal、school、 society and law cheating on exams is not enough attention,the school to students’ cheating is only making school rules of punishment,in the civil service exam was found cheating is life must not enter oneself for an examination, bit serious cheating will illegally obtaining state secrets、the illegal use of wiretapping or photographing secretly dedicated equipment、malfeasance crime punishment.Regardless of the punishment illegal, unreasonable,administrative and criminal penalty is more about candidates or help to cheat cheating others,and for those who frequent activities in the examination organization personnel is not punished.That’s the problem. Amendment to the criminal law of the People’s Republic of China for nine in 2015 add the organize cheating in the exam、the crime of illegal sale, provides the questions and answers、 the crime of instead of exam.make up the gap in the criminal legislation for cheating on the exam.In the future,we will crack down on the organizational behavior of cheating in the exam.In the corresponding judicial interpretation issued before.the author proposed by this article gives some of her own views.The first part, the problem is put forward. Hit in 2014, Harbin polytechnic university mba exam cheating case, with reference to the public security organ for criminal suspects illegally obtaining state secrets to the punishment. Ever serious fraud cases, mostly in illegally obtaining state secrets, intentionally divulging state secrets, the criterions for the conviction of the author pointed out in this part of the cognizance of state secrets, previous decisions exists question.The second part, the organization the protection benefit of sin to cheat in exams. From the legislative background of cheating in the exam organization, this paper proposes the legislative purpose of sin to cheat in the exam, namely protect the fair competition right of citizens, safeguarding national examination system, stable social order. After a brief introduction organization cheating crime legislation, from article three hundred and four to article two hundred and eighty-four, from the provisions of the state examination to the laws and regulations of the state examination, from organization students cheat to cheat the legislative changes.The third part, the organization the legislative interpretation of sin to cheat in exams. Respectively from charges of belonging, laws and regulations of the state examination, cheating in the organization, the understanding of the second paragraph four point of view, this paper analyzes the organizational behavior, cheating in the exam cheating in the exam of organizational behavior and organizational behavior in the common crime, organizing, leading, and attend a terrorist, organization sell human organs organizational behavior of crime and the crime of organizing prostitution, etc. Understanding of the second paragraph, from cheating equipment, provide other help behavior, qualitative dimensions of the second paragraph, cheating the behavior of the equipment will be provided with the crime of illegal production, sales, special equipment, the illegal use of wiretapping or photographing secretly, comparing the composition of criminal offense of special equipment to find the problems existing in the previous punishment. Will help organize cheating behavior and assist in the crime of organizing prostitution and forced labor in the second paragraph of comparison, understand the crime and help make the sentencing rules to help make these two concepts, so as to understand organizational cheating in the exam of sin in the second paragraph.The fourth part, the organization crime of judicial application to cheat in exams. In this paper, we study the problems the phase morphology of sin to cheat in the exam, organization of criminal offense of cheating in the exam preparation, put forward the necessity of attempted crime punishment, joint crime and crime number problems.Finally the article points out that the penalty punishment is not the ultimate goal,to radically reduce or even stop cheating in the exam,have to undertake to the student moral education.Only students、parents、schools、society and legal system aspects work together, to prevent the occurrence of cheating,safeguard the socialist rule of law.