Research On The Crime Of Organizing Cheating In Examinations

The crime of organizing cheating in examinations refers to the act of organizing cheating in examinations and providing cheating equipment or other help for cheating in examinations.In the contemporary,the organization of the examination cheating by showing the scale increases,diversification of the means of science and technology and outstanding characteristics of cross regional joint more frequently.This is not the only one reason caused by cheating the organization of the examination,but mainly has the following three points,which is driven by the interests,social impact and the lack of legal regulation.And the harm caused by the crime of cheating in the exam organization particularly,examination is the infringement of the rights of fair competition,destroys the national examination system and order,the erosion of good faith and fair society.With the object of the crime of cheating in the exam,the main objective aspect of crime,crime subjective elements of crime four recognition and analysis,Including the specific to the"cheating","organizational behavior","identification test range" Through the analysis of the above aspects,to contribute to the judicial practice,can effectively for the judicial application of the crime of cheating were identified,including recognition of common crime,cognizance of crime number form the identified stop form of crime,and his crime.Finally,by analyzing the provisions of the criminal law of the crime of cheating punishment organization,found three major problems in them,i.e.(1)in the crime fine punishment of cheating is arranged on the single or fined the amount is not clearly defined,nor on the amount of the fine to determine the limit,there will be large discretion;(2)to distinguish the specific identity of the subject of crime of punishment provisions;(3)the provisions of not sentenced to detention or imprisonment of 3 years.To distinguish.At the same time,according to the above problems and puts forward related suggestions and improvement methods,such as the amount of the fine of perfect,put forward the national staff shall be given a heavier punishment proposal to perfect the specific sentencing provisions,to the judicial practice in China could play a role in promoting.