Research On The Criminalization Of Organizing Examination Fraud

The behavior of organizing the cheating on the examinations which are includedcollege entrance examinations, civil service examinations and some majorexaminations is refers to using recruit,hire,bringing,lure and intermediary to organize,lead，scheme, and direct others to cheat in the examinations. What’s worse, with thedevelopment of social economy, science and technology, organizing cheatingexaminations presents such new characteristics：becoming more organized, moretechnical, personnel professional and motivation commercial. All these will not onlylead the exam cheating phenomenon more rampant, undermine the examination systemand the normal order, but also extremely damage the equal competed right of studentsand erode the social morality of honesty. Unfortunately, our existing law aboutpunishing examination fraud is not perfect, which makes regulating and punishing theoffence lacking of law’s support. Even though government pays great efforts toprevention and governance of examination cheating, particularly in the laws andregulations construction, such as establishing a lot of regulations and normative legaldocuments, those legal documents providing a basis for identifying and punishing theillegal behavior can’t still stop this phenomenon. On the other hand, the existingcriminal law is not good enough to punish illegal behaviors. Although "criminal law"possesses a few indirect regulations on cheating, there are still many shortcomings onapplication. Judging from above, it is necessary and urgent to add criminal laws toexamination fraud and crime the examination fraud. this article will mainly talks overcommitting a crime of organizing exam cheating detailed from the following threeparts:The first part is the definition of organization examination fraud, including the scope ofthe test, the test definition of fraud, and the definition of organizational behavior, thuscompleting a specific frame of the connotation and manifestation organizing examcheating. This part is the foundation of crime research.The second part is demonstrating the reasons on criminalization of the organizingexam cheating, mainly from social harmfulness caused by cheating behavior and lackof law in regulating the behaviors, thus making the necessity more prominent.The third part consists of the legislation ideas about punishing organizing cheatingexamination, suggesting setting up a criminal law against organizing examination fraud, and making such three aspects of assumptions specific as organizing examinationsbelonging, crime constitution and the legal punishment of crimes set.