Criminal Law Regulation Of Cheating In Examination

Cheating phenomenon emerges in an endless stream in the national exam,which has great social harmfulness to the national examination system and examinee’s interests. Especially with the technology and communication developing today, the malpractice in the exam is increasing more and more fiercely.The ways and means of malpractice is various. The cause of this Phenomenon is extensive, including social, economic, educational, etc.Prior to the implementation of the criminal law amendment(9),Aiming at the fiercer cheating in the exam phenomenon, there are two kinds of views: to deny regulating exam cheating with criminal law, they thought there have been several charges indirect and related cheat in the exam,such as:illegal obtain state secrets,intentionally disclose state secrets sin,illegal production,sales,secret photos equipment. And to agree with regulating exam cheating with criminal law against cheating in the exam of our country criminal law, they thought these laws and regulations can not be effectively curbed the behaviors of cheating in examination.This article tries to analyze the necessity and the feasibility of this domain with criminal law,and Combining the amendment of criminal law to discuss the “cheating in exams sin”. Then the legislative design of crime of cheating in the exam with great flaws should be improved:The first,the setting of short-term freedom penalty, to the career criminal lack of power, as it should be enough to achieve special prevention function of punishment, but for first offender, is easy to cause the problem of cross infection. The second, in the criminal fine punishment on the set of cheating in the exam, should use the time-ratio fine. The third, introduce a judicial explanation to explain any concepts. The fourth, to affirm this crime should pay attention the scope of application and the serious social harmfulness. The fifth, correctly deal the implicated crime. At last, according to theory of conduct crimes, judgment the crime accomplishment, or non-accomplishment.