The Determination On The Crime Of Organizing Fraud In Examination

In recent years,the number of the crime of cheating in the examination has increased obviously.At the same time,the conviction mode according to different behavior does not accurately reflect the social harm of organized crime.So the crime of organizing fraud in examination was added in the amendment to the Criminal Law(9),aiming to punish the criminal who organizes or helps cheat in the exam.In order to apply this crime more accurately,we need to carry on the analysis and research on the standard of cognition of this crime,which includes the cognizance of the constituent elements,the confirmation of the stop form,the affirmation of the accomplice and the cognizance of the crime.Firstly,in terms of the conduct of this crime,the criminal implement the behavior of organizing cheating and helping organize cheating which including planning,arranging,commanding others to implement the test cheating constitute the crime through recruitment or lure.But this offense does not apply to all organizations cheating.In fact,only the teats what meet the "legal requirements" and"national examination" double standard can be regarded as the object of the crime.Atthe same time,the Criminal Law Amendment(9)has also set up a serious case for the crime of organizing fraud in examinations,which should be combined with a comprehensive analysis of behavior and results.When the crime brings out great harm to the social order,the national examination management order and other candidates fair reference and other legal interests,it can be regarded as a serious crime.Secondly,the main body of the crime of organizing fraud in examination should include natural persons who over 16 years old and units,What's more,if the examination staff to organize the crime of cheating,the punishment to him should be heavier.If the subject of the crime is the units,we should accurately distinguish between the real unit crime and the implementation of the unit in the name of natural persons crime.At the same time,,we should distinguish their criminal intent between the behavior of organizing cheating and helping cheating.Thirdly,in terms of the cessation of this crime,if the perpetrators have implemented and completed the organization's cheating,it can be regarded as the completion of the crime.However,it is a question to determine whether it is attempted or suspended.The preparatory stage of this crime should be regarded as what the perpetrators began to obtain answers to questions,buying cheating tools,recruiting staff and other organizational behavior,therefor,if the preparation of criminal prepares a criminal instrument,it should be identified as having begun to implement organizational behavior.Fourthly,in the terms of accomplices,one or more people can organize the crime of cheating in examinations.But in the judicial practice,the crime of organizing cheating is generally carried out by many people,and the organizer should act according to the crime in the course of its implementation.At the same time,the Criminal Law Amendment(9)provides that the same standard of punishment is suitable for the behavior of organizing and helping cheat in the exam.At last,as for the determination of the number of crimes in this crime,the implementation of the organization cheating may commit other offenses,such as the crime of illegally obtaining state secrets,intentionally leaking state secrets,illegally producing or selling special espionage equipment,eavesdropping or stealing special equipment or crime of dereliction of duty and so on.Therefor,when we identify the crime,we should distinguish the boundaries between the crime and these charges,and how they should be convicted and punished.