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The Criminal Law System Investigating Of Cheating In Examinations

Posted on:2012-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:N P HuangFull Text:PDF
GTID:2216330371453946Subject:Law
Abstract/Summary:PDF Full Text Request
With each of our citizen's life, there is always a variety of exams. With the development of society, industry people are increasingly demanding high professional level, followed by social and employment after graduation and increasing pressure. Faced with this situation, the people in order to obtain greater benefits, often through a variety of test methods to be a stepping stone. So, cheating in examinations will appear uncommon, despite repeated prohibitions.The usual cheating there are many ways, there we are familiar with some methods of cheating: entrainment exam information, exam candidates to pass between the answers to the examination room on the "desk culture". With the development of technology, various new ways of cheating emerged: the use of radio transmission signal to obtain the answer, and various anti-cheat detection tools are also escalating. In addition, there is a way of cheating is the candidate himself does not appear, this is what we commonly referred to as " exam-taking imposter."For a variety of cheating behaviors, various departments have also developed a number of examination rules, introduced penalties for cheating. So, for exam cheating handling general administrative punishment enough, still need to use criminal law to punish them? Whether cheating behavior is necessary to punish, if it has, for what type, the nature of the test can be used? In the use of criminal penalties in the process, the use of punishment which the crime? These issues are worthy of our thought and exploration.This thesis from the English four cheating cases lead to criminal punishment for cheating thinking, practice for the punishment in such cases to the crime of false identity cards to their conviction and sentencing. However, we clearly see that the means of behavior is punished, not the essence of cheating behavior ------ the behavior of cheating in exams. The reason is that Chinese current legislation does not give for cheating how to deal with criminal punishment, the case is forged identity cards for their acts of their punishment. In this paper, cheating crime or to explore, through the use of comparison, the inductive methods such as the use of forged identity cards on the offense of cheating and lack of rational behavior to be explored, and further study whether a more reasonable solution.This thesis can be divided into six parts:Part I: Introduction the cause of Wang and other cheating case is cheating. Part II: The case's description of Wang and other cheating case.Part III: The issue is whether the presentation of the case against the perpetrator of the qualitative issues.Part IV: Introduction to the case of differences of opinion, there are three different views.Part V: This study concluded that in the case of differences of opinion on some of the analysis, from which to discover and come to a good solution, the use of additional criminal penalties for specific crimes such a way cheating behavior.Part VI: Legal proposal, the author's investigation of the cheating case, the use of additional the criminal of cheating in exams to solve the crime of cheating.In practice, a variety of cheating in examinations, and in order to achieve the purpose of cheating, candidates will use various methods behavior, in practice, in response to the various methods of behavior emerged, additional specific charges in the criminal law approach than each method appears to punish better.
Keywords/Search Tags:The crime of forged ID Cards, Cheating in exams, The controlling of Criminal law, The crime of cheating in exams
PDF Full Text Request
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