Research On The Basic Problems Of Cheating In Examinations

The examination cheating occurred frequently. Cheating on exams is becoming more and more serious, which has become the hot issue. Throughout history and view the whole world, whether in ancient China or abroad, cheating in exams are taken as a crime to deal with. In China, before the "criminal law amendment (nine) twenty-fifth" performing, that the qualitative and punishment of cheating on the exam has different views, but in practical justice, there is no lack of cheating on the exam of administrative punishment and criminal punishment, however, in practical operation, due to the specific case doesn’t fit the crime so well, resulting in the expansion of the scope of regulation. Therefore, in the criminal law, forbidding the action of examination cheating, illegal sale and providing the answer to the crime in order to deal with serious social harm of cheating in the examis necessary. The regulations of the basic provisions are reasonable but also can be further improved. The paper mainly discuss the issue from the following three parts in detail:The first part, take the reasons of the examination cheating as the core, which includes cheating on exams crime of feasibility analysis, the study of the necessity of cheating in exams crime. Hence prove the reason why it is necessary to build the law, which is the basic theory for the further study.The second part, define the crime of examination cheating, mainly from the concepts of examination cheating, the relationship between behavior and argument to define cheating crime to analyze the problem which should be solvedIn the third part, analysis examination cheating crime and tell the differences between crime of deliberately leaking secrets, illegal access to gain secrets, which is for proper application in the practice in theoretical degree.