The Research On Incriminating The Behavior Of Organizing Cheat In The Examination

Examination is an important way for Chinese talent selection. There are imperial examinations in the ancient and the college entrance examination, the postgraduate entrance examination and the civil service exams today, which related to the examinees’ destiny and future, at the same time, examination fraud also as the shadow follows the form. In the ancient, there are behaviors such as instead of others to take the exam, entrainment and through the relationship. The examination fraud behaviors today are greater harmful to society, the organization degree is higher than before. Fraud form are systematism,collectivize and industrialization. The reason is that our country does not have the examination law, the punishment are on the basis of the department rules, the low legislative level, and the punishment standard is not unified,resulting in penalties not enough, poor effect of punishment.consequently,In order to achieve the goal of administering the test.we should be timely to publish relevant the exam law. The current criminal law in the organization of the examination fraud behavior donot regulate direct charge,only can use some indirect charges to regulate behavior linked, while neglect the body acts of punishment, whether the processing model is in line with the principle of legality is worth thinking about. In order to achieve the better prevention and punishment effects, we should be timely to modify the criminal law,put the organization of the examination fraud behavior into criminal law crime circle, to realize the protection of law function.