Judicial Determination Of The Crime Of Organizing Examination Cheating

The fine tradition of Chinese since ancient times is that valuing the impo rtance of examination,examination not only for the country managers have the significance of seeking talents,it is more important for ordinary people that it is a chance to change the fate and even prove themselves.Therefore,the status of the examination is self-evident,which means that the fairness and justice of the examination must be its essential characteristics.However,it is also due to the significance of the exam,exam failure criminals of fairness and justice in the Chinese dynasties are often to be seen.Since modern times,with the development of the times,the means of cheating in examinations have shown a trend of diversification,science and technology and network.What is more,the behavior and methods of cheating by some criminals as a means of profit,at the same time,there are more and more specialized organizations of cheating,cheating behavior in organization is no exaggeration to say,from others to arrange examination instead of cheating tools,to establish links betwe en the disadvantages have a a series of pipeline operation process,characteristics of cheating behavior has presented gangs,industrialization.There are special cheating team,making the formation of cheating equipment sales,and sales of stealing questions,who sought employment industry chain,the organizers through these actions is lucrative,but ignore the unfair treatment that will cause the other candidates,violated the fair competition of the rights of the other candidates.At the same time,their actions also undermine the legal interests of the country's competitive order.Compared with the cheating to get black interests,the cost of illegal cheating is low,in addition,the public ever think about cheating,compared to emphasize the lack of good faith and candidates need strict examination system of supervision,and ignore the supervision organization cheating in the exam.Of course,the punishment of The Amendment?to the Criminal Law of the People's Republic of China on the organization of cheating on the exam will make up for this shortcoming.This paper will range from the provisions of the law of the state examination,identification of "cheating" behavior of the organization,cheating the complete form of crime identified several aspects to identify common form and with other related crime cognizance of cheating crime judicial organization.We hope to provide an idea at the same time in-depth understanding of the terms to all aspects of the problem to the emerging in practice may encounter,in order to make the terms reasonably applicable,legal function should play.