On The Crime Of Organizing Examination Cheating

With the increasing social competition,the examination,as a kind of effective tool to allocate social resources,plays an increasingly important role in modern social life.As a big country of examinations,China holds countless national unified examinations annually.In recent years,the phenomenon of cheating on examinations is full of examination rooms.These cheating behaviors present the characteristic of high degree of organization,with a large number of participation people,wide covering ranges and extremely bad impacts,which are shocking.On November 1,2015,"Criminal Law Amendment(9)" has been formally implemented,bringing the examination cheating into the adjustment range of criminal law,filling the blank that the criminal law deals with the examination cheating in today that the examination cheatings seriously affect the "fairness,justness and openness"of examination.However,the relevant judicial interpretation has not been introduced,and the theoretical researches are less.So,there are some controversies on the specific charges application,which bring some difficulties to the judicial determination.Whether perfection in the theories,or the solutions of specific issues in the judicial practice,the crime of cheating on examination has an important research value.Therefore,this paper will conduct a detailed analysis and criminal law determination on the crime of organizing examination cheating.The full text is divided into five parts.First of all,the first chapter of this paper is an overview of the crime of organizing examination cheating.This chapter discusses the concepts and the necessities of taking the behavior of organizing examinations cheatings into the Criminal Law,among which the necessity of taking it into the Criminal Law is explained from the social harms and the flaws of existing legislation.The second chapter is to determine the legal benefits of the crime of organizing examination cheatings,and summarize the existing disputed viewpoints on legal benefits focusing on analyzing the impacts of it on crime affirmation on the basis of determining the legal benefits of organizing examination cheatings.The third chapter,based on the first provisions of Article 284 of the Criminal Law,analyzes the behaviors of organizing examination cheating,and respectively introduces the organizational behavior and cheating behavior.The fourth chapter is based on the second term of provisions of the Article 284 of the Criminal Law,respectively explaining the problems of the principal offender and independent criminalization of help behaviors of organizing examination cheating behaviors.The fifth chapter is to interpret the establishment standards of organizing examination cheating.