Study On Crime Of Organizing Exam Fraud

Examination is an important way for the state to select the talented people and test the level of them.With the progress and rapid development of society,social competition is becoming more and more intense;driven by the utilitarian thought,people often choose to obtain improper benefits through cheating in examinations to achieve the ultimate goal.The phenomenon of cheating in examinations has seriously damaged the national examination system and the normal social management order,and seriously damaged the fair and just rights of candidates.In August 2015,the Standing Committee of the National People's Congress examined and adopted the Amendment to the Criminal Law of the People's Republic of China(nine)(hereinafter referred to as Xiu Jiu).In the article 25 of Xiu Jiu,there are four provisions stipulate the criminal responsibility of cheating on exams,of which the first and the second provision stipulate the act of organizing exam fraud;the Supplementary Provisions on the Determination of Crime Names determines the two crime names as—the crime of organizing exam fraud.The establishment of the crime of organizing exam fraud has solved the problem of legal basis from the legal application level,but there are still some shortcomings in the legislation,and need to improve the legislation.There are also unclear issues in the application of justice,which require further clarification of judicial interpretation.This article will proceed from the relevant laws and regulations of the crime of organizing exam fraud,to refine and integrate the focus of controversy among scholars and analyze them with the view of scholars.In addition to the introduction and conclusion,to study and verify this paper mainly into three sections:Chapter one is the introduction to this article.The first part of this paper briefly describe the background and the meaning of the topic,The second part analyze andintegrate the literature review of the research on the crime of cheating in the examination done by scholars at home and abroad,and The third part is the research method used in this article.Including the relevant provisions of the administrative regulations and legal provisions on the crime of organizing exam fraud in Xiu Jiu.Before the promulgation of Xiu Jiu,China's handling of cheating on exams is mainly through the means of administrative punishment,but because the crackdown is not strong enough,the effect is not obvious.Therefore,in Xiu Jiu,the crime of organizing exam fraud is included in criminal law,the punishment on organizing exam fraud is increased,which not only has played a role in encouraging and promoting the reform and improvement of the education law,but also can effectively curb the phenomenon of rampant cheating.Chapter two briefly state the legislation problem on the crime of cheating in the examination in China.The first part is an overview of the legislation to the crime.This article takes the constitutive components of the crime as the starting point,and elaborates and analyzes the problems existing in the four aspects: the subjective,objective,subject and object of the crime,so as to raise the unclear concepts of the crime in the legislation,such as the scope of the "national examination" is not clear,how to define “organizational behavior” and “cheating behavior” and the distinctions between it and "general violations of discipline",the identification of "other helping behaviors" in the crime of organizing exam fraud etc.In view of these problems,the author clarified the scope of the "national examination prescribed legally" by analyzing the basic concepts and classification of national examinations.By comparing the "organizational behavior" of this crime and that of other criminal acts,this paper analyzes the relationship between "other helping behaviors” and the "organizational behavior" of this crime,and defines the"organizational behavior" of this crime and “other helping behavior”.By comparing the"cheating in examinations" and "general violation of discipline",the scope of cheating in examinations is determined.The unclear concepts of this crime are defined,so as to ensure the effective implementation of the judicial practice.The chapter three is about the problems of the crime of cheating in examinations existing in the judicial determination.As to the crime of cheating on exams,Xiu Jiu doesn't make specific provisions on identification problems about “crime and noncrime”,“serious”,“accomplice” and “consummated crime” in judicial application.Therefore,in the process of judicial practice,it will lead to vague concepts,resulting in the applicable difficulties and standards are inconsistent etc.Therefore,this paper focuses on these four issues: the identification issues about “crime and noncrime”,“serious”,“accomplice” and“consummated crime”.In view of these questions,the author carries on the elaborations separately to the concept of“crime and noncrime”,“serious”,“accomplice” and“consummated crime”.The identifications of these issues are determined with the analysis of the relevant theoretical knowledge of criminal law.It is expected that the crime can be correctly understood and applied in the course of judicial application in the future.