Research On Some Problems Of Organizing Cheating In Examinations

Examination is an important way of selecting talents of our country.In the rapid development of the society today,the social needs of different talent increases,the corresponding examination increasingly.Subsequent examination with biological cheating has become increasingly rampant,and began to present the characteristics of industrialization,organization based on this.People's Republic of China,"criminal law amendment(nine)" provisions of article twenty-fifth of the organization crime of cheating in the exam and other 3 counts.This makes up for the exam cheating crime in criminal law especially cheating crime organization blank.Therefore,this paper is a research on the organization of several problems in the crime of cheating in the exam,expounded his views.First of all,in the objective aspect of the crime of cheating in the examination organization,organization of cheating on the exam,by a factor of four of the organization's cheating behavior understanding,elaborated the connotation of "organization" And the extension,"the scope of legal provisions of the State Examination","specific performance requirements of cheating behavior and"organizer "number;secondly,in understanding the problem of one of the second paragraph of article 284 th of the criminal law,from the nature of the legislative mode,legitimacy and according to the three angles to analysis;again,in start and accomplished standards organization cheating crime,through the identification of conduct,determine the organization to the crime of cheating in the exam time.By recognizing the crime standard of behavior,the cheating crime accomplished standards organization;finally,in the common crime organization cheating crime,the cognizance of the the principal and accessory,divided into the main accomplice of the standard.The perpetrator and accomplice,the distinction between the perpetrator and the organizingoffender,identified qualitative help behavior under different situations.