Legislative Interpretation Of The Crime Of Substituting Examination And Judicial Suggestion

As the phenomenon of cheating in the exam,especially their stead of scale,organizational development,especially in some parts of the college entrance examination in recent years appear the phenomenon of large-scale their stead of shocking,In for example,in 2014,henan college entrance examination their stead,in 2015,jiangxi college entrance examination their stead events,etc.For the more effective regulation of the test behavior,the "Criminal Law Amendment(9)" added the crime instead of examinations.First of all,China's mandatory practice for cheating on the test is mainly administrative regulations and local government regulations,have little effects,mainly administrative penalties lighter,with deterrent effect is limited,the relevant personnel in the high-tech help with the high profit under the mandatory norms turned a deaf ear,resulting in frequent phenomenon.Second,the other crimes of the criminal law can only regulate the organization of test cheating,to help test cheating and other acts,but in comparison,the test is the most serious form of the current test cheating,but it is the largest existing system of leave,So the addition of the examination instead of the crime can effectively curb such acts.In the face of the relevant administrative regulations and criminal legislation to replace the examination of the lack of regulation,to further clear the alternative examination of crime is conducive to the relevant criminal law and administrative division of laws and regulations to work together to crack down on cheating behavior."Criminal Law Amendment(9)" before the adoption of scholars for the test whether there is a different view of the crime,some scholars believe that in the framework of the original laws and regulations to be able to solve the problem of censorship,add a new crime does not meet the criminal law of modesty and stability.However,this article through the analysis of the harm of the behavior of the test and other issues,that in terms of theory or from a practical point of view,in order to achieve the protection of legal protection of the pre-test,the need for criminal offense is no doubt.After taking a formal offense,as a new offense,there are many problems in theory that need to be further combed,Such as how to correctly apply in the framework of the original criminal legislation to replace the examination of the crime,to solve the current judicial difficulties;how to interpret the elements of the crime instead of examinations;how to define the crime and non-crime,instead of examinations and related offenses and so on.This article will focus on the above issues to discusse.The full text of a total of thirty thousand words,divided into five chapters.The first chapter focuses on the legislative background and significance of the crime of substitute examinations,the research status at home and abroad,the research methods and innovations of this paper,and delineates a relatively clear and unified starting point and discourse platform for the discussion of this paper.The main content of the second chapter is to discuss the rationality of the crime of substituting for the examination,and to explain the necessity and significance of establishing the substitute examination from the realistic and the theoretical basis.The third chapter is the main part of this article,to analyze the elements of the crime of substitute examination,from the object of substitute for the examination of the object,objective,subjective,subjective aspects of the definition of substitute examinations,with a view to replace the examination of the crime to make an accurate interpretation,So that the application of the crime instead of the examination of the principle of the principle of legality,in the protection of civil liberties and rights under the premise of the maximum play instead of the examination of the crime of censorship behavior and deterrence.The fourth chapter is mainly to replace the examination of the crime of judicial identification,instead of the crime of examination and organization of the crime of fraud,the use of false identity documents and other similar charges to distinguish,in particular,instead of the crime as a new offense,Behavior of the crime standards and the relevant charges to accurately locate,in order to better appear in the actual case to guide,so that accurate conviction and sentencing,to play the legislator to replace the examination of the crime against the actual effect of fraud.The fifth chapter is mainly about the existence of the crime of substitute for the existence of the problem,for example,instead of the crime of crime in the form of the provisions of the crime is too vague,unable to provide in the judicial application of the clear guidance,the subject of the subject is too narrow,Instead of the examination of the existence of the crime is unreasonable to explore,and for their problems related to the proposed improvement proposals.Including the standard of crime,the standard of crime preparation,the standard of attempted crime,the standard of crime suspension;the proper expansion of the main body of the crime of substitute examination;the substitute examination The sentencing circumstances of the crime to be clear,for example,to increase the cost of substitute examinations and other penalties.