Research On Article 25 Of The Ninth Amendment To Chinese Criminal Law

The behavior of organizing examination cheating severely impairs our national examination system and has a pernicious influence on the society.However,the commitment of examination cheating frequently increases these years because of low crime cost and high profit which is illegal.In November 2014,Article 32 in the draft of the ninth amendment to Chinese criminal law proposed a series of accusations of examination cheating for the first time.Then,the Ninth Amendment to Chinese Criminal Law,which was finally ratified on November 11 th,2015,established the charge of organizing examination cheating in Article 25,and by then the accusation of Article 25 is identified as organizing examination cheating,illegally selling and providing examination answers as well as examination substitution in the Sixth Supplementary Provision on the Determination of Charges.This paper analyzes the statute and deficiency of Article 25 and finally gives relevant recommendations together in 6 chapters.Apart from the introduction,this paper is arranged in the following 6 chapters: the rise of the problems,analysis to the problems,solution of the problems,the precise structure,Rigorous logic and Reasonable cohesion.The first chapter is the rise of the problems,introducing the research background and the significance of this paper.The second chapter discusses the necessity to establish the charge of organizing examination cheating from the following aspects: choice of the history and reality,propriety in theory,failing of existing administrative regulations and criminal law.The third chapter analyzes the profit and defect of Article 25.The fourth chapter provides the solution to the problem of organizing examination cheating in further four parts.First,it gives identification and scope of the statutory national examination.Second,it identifies the nature of organization in a precise way.Third,it discusses the subject of crime in Article 25,holding that should be unit crime including unilateral joint offence and negative crime.Fourth,there is a possibility of imaginative joinder of offenses among the crime of illegally obtaining state secrets,the crime of deliberately divulging state secrets,illegally selling and providing examination answers and crime of malpractice in civil servants recruitment and students.The fifth chapter analyzes and improves the crime of examination substitution,finding the possibility of decriminalization.The sixth chapter is conclusion.It concludes that it is necessary to establish the crime of organizing examination cheating.Furthermore,the scope of this article application needs to be improved by involving other national examinations with heavy social influence and the nature of organization needs to be understood in a precise way from different aspects.The crime subject includes the organizer and the dealers who sell the equipment of eavesdropping and videotaping as well as those committing unilateral joint offence and negative crime.And imaginative joinder of offenses do exist between this crime and illegally obtaining state secrets,the crime of deliberately divulging state secrets,etc.Finally,it is necessary to include the behavior of examination substitution into the criminal law but allowing the possibility of decriminalization.