| In order to punish our country's increasing malpractice in recruiting civil servants and students,the Standing Committee of the National People's Congress(NPC)formally recruited civil servants and students in 1997 for inclusion in the criminal law of China.Subsequently,the Standing Committee of the National People's Congress and the "two high" have launched legislation and judicial interpretations relating to the charges.In 2015,the Standing Committee of the National People's Congress increased the crime of cheating in examinations in the twenty-fifth amendment to the criminal law nine.This series of legislative and judicial measures have gradually enriched and perfected the system of punishing and engaging in malpractices for personal gain in China.However,in the current judicial practice,there are not many cases of conviction by the judicial organ on suspicion of the crime.Similarly,the theoretical research on this crime is very little,and it can not effectively crack down on the corresponding criminal activities.The legislative law is simple,the lack of theoretical research and judicial practice caused difficulties,affect the actual effect of hard punishment.Through the elements of this crime gradually launches the analysis,I hope the legislature and the judiciary will change with the times development of "state personnel","civil servants" and "students" and "favoritism" and other core elements for the crime,judicial interpretation,which is in accordance with the specific conditions of real life.In addition,the current standard of crime is not applicable,and the standard of criminal form is vague,so it is necessary to make clear the legislation and judicial interpretation,so as to give play to the punishment effect.Finally,"penalty nine"and "twenty-fifth test cheating" crimes,therefore,there are differences and overlaps with this crime,and we need to set up supporting explanations to improve our system of punishing cheating in exams. |
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