Criminal Regulation Of Cheating In Examinations

Currently,as a main way to test knowledge level of students and check the quality of teachingfor educational department,and select talents for employers,examination plays important role in social development.Cheating,however,follows.We cannot avoid such a phenomenan in both ancient and now.With an increasing pressure of examination,ways of cheating become hi-tech,industrialization,diversification.In recent years,cheating in examination is frequent and has a severe negative influence to the fairness and justice of the national examination system.The reason is that the deficiency of related regulations in the Criminal Law restricts its penalty function and we cannot punish cheating and some other related behaviors strongly.In order to get effective regulation of cheating in exams,The Criminal Amendment ? was enforced and cheating was added.Cheating included in criminal law will play a deterrent role in cheating on exams and will rein in the cheating and improve the seriousness of examination,so as to protect the essence of honesty and fair competition.Moreover the implementation of the new law also has its shortcomings,this requires us to carry on the thorough analysis and the research to the new charge and draw lessons from the beneficial experience of other countries,to put forward the perfect suggestion to the legislator,give full play to the leading and preventing function of the penalty.This paper is divided into three parts:The first part introduces the background of cheating in the exam will be included in the The Criminal Amendment IX.From the understanding of the background,we can know that cheating in the exam should be included in the Criminal Law reflected in two aspects:On the one hand,cheating in examinations has great social harmfulness;On the other hand,the laws and regulations before the implementation of the new regulation of cheating is weak.The second part discusses the criminal analysis on the crime of cheating in exams.Through the analysis of the constitution of crime and the reference of the beneficial experience of other countries,It demonstrates the rationality to set up a separate charge to assist in organizing the examination cheating.It also comes to the conclusion that the circumstances of the crime of illegally selling and providing test questions and answers should quote all the circumstances of previous sentence.We have settled a dispute of common problems that the current theoretical and practical circles in common in the application of new charges.The third part mainly introduces the legislative defects of cheating in examinations and the suggestions for improvement.The legislative defects of the crime of cheating in examinations are mainly reflected in three aspects:First of all,accurate standards of organization of cheating on exams are different,at present,there are two views on the theory of organizational behavior and the accomplishment of cheating,how to determine the need for further analysis.Secondly,the sentencing standards for the examination of the crime do not distinguish between the different players,it does not reflect the principle of crime and punishment.The last one,we do not have the corresponding judicial interpretation to explain the problems in the application of cheating in examinations.Aiming at the above problems,We have to take measures to explain and perfect to ensure the smooth implementation of the new law.