A Discussion About The Criminal Regulation Of Illegal Transfer Or Gift Of The Questions And Answers

The crime of illegal transfer or gift of the questions and answers in national examination,one of the added crimes in the Ninth Remedy in criminal law,There was little research about it in criminal area,but it aroused a lot of question actually.The criminal regulations,originated by theory of society protection,constituted its system background under the circumstance of crime of risk;This crime anchorsits benefit protected in examination system,which roots in the right of competition from every individual rather than the cultural tradition of honesty,catering to the trend of development in objectivity of benefits mentioned above after the World War?;it can be applied when a national or provincial exam representing the honor of governmental administrative system,reflecting the divide of authority among administrative agencies;it belongs to abstract dangerous crime and it may be accompanied when the potential damage happens that threatens a fair competition system;however,it may exist when the offence doesn't accomplish for allocation by location;there are three types of behavior format in judicial area: i)intriguing with organizers of examinations to transfer or provide testing papers and answers;ii)transferring and providing papers and answers gained by candid camera and so on;iii)selling or granting things mentioned above from online ways.The latter two circumstances existed with controversy argued centered in either the implication between illegal achieving and transferring violating the law or formation of subjective intention,It belongs to verkuemmert zweiaktige Delikte,with an aim to gain advantages over others in competition in illegal ways,used to eliminate the action of guessing about an exam conducted by a council agency from criminal law.In level of penalty,it featuring a mild punishment,hardly applying the article “circumstance of aggravation”.To suppress the tension of the organized offenders,the punishment should be allocated in the standard of the effect every culprit imposed on the regulation web to commit crime.Referring to the regulation among this article with others,for the regulation of the second section of the addition of article 284,an ambiguous relationship exists between the crime of organization the cheating in test and the one mentioned above: there are two ways to differentiate these two criminal behaviors that whether the fellowship in crime exists to organize the cheating in exam and that whether the culprit become a principle offender or a participants offender.Yet neither of them works.Centered in testifying of national secret,there comes the difference between this article and the crime of illegal discovery of national secret.As well as taking into consideration the convenience of rejecting against the crime after examination,a solid protection for the testing order against the “black sale” is formed by the crime of illegal discovery of national secret,the one solves the acquisition of questions and answers without legal ways previously.Thus,with the booming of a universal trend of the remedy characters in this crime discussed,a new social style is coming,predominated by the idea of the “Theory of Preventionism Crime”.