Research On The Crime Of Examination Fraud

The exam cheating has been existed since ancient times.Exam cheating which is the examination fraud makes a serious destruction to the test rules and influences the selection of talent fair phenomenon increasingly rampant in today’s social life. The occurrence of this behavior is not only to the credibility of society and people’s minds fair concept has a great impact and shake, also affects the order of the state examination and selection of talent system. Examinations of the serious social harmfulness should cause the attention of the society, criminal law also should be on the concrete. With the constant improvement of legislation, the test cheating behavior will also be restricted by law. On 29 August 2015 formally adopted the amendment to the criminal law of the People’s Republic of China (9) for the first time examination fraud crimes, opened the examinations into the new stage of crime in our country. This article mainly discussed the test organization fraud crime problem from the following three parts:The first part, the overseas legislation examination fraud investigation. including the examination fraud crime legislation in continental law system, examination fraud legislative investigation in common law as well as Hong Kong. Macao and Taiwan regions fraud crime legislation. This part is the premise of examination fraud crime research.The second part, the test of fraud crime constitution, respectively from the crime subject, crime subjective aspect, crime object, crime objective aspects.The third part, the examination fraud in the judicial practice, the examination fraud crime and is not a crime, the crime of fraud phase morphology, accomplice form and quantity.