Research On The Application Of The Crime Of Organizing Cheating In The Examination

The first part of the article,mainly on a comprehensive interpretation of the three aspects of the definition of the crime of organizing cheating in the examination,legislative significance and the composition characteristics of the crime of organizing cheating in the examination.The definition of the concept of the crime of organizing cheating in the examination divides into formal concept and substantive concept,the formal concept is mainly from the constitutive elements of the crime of organizing cheating in the examination,which is in the articles of the criminal law,and the substantive concept is from the view that the behavior of organizing cheating have to be regarded as a criminal act,and finally the formal concept and substantive concept are combined into a comprehensive definition.In the legislative significance of the crime of organizing cheating in the examination,the other articles of criminal law cannot effectively regulate the behavior of organizing cheating in the examination,the additional article of organizing cheating in the examination fill the gaps.The third content discusses the constitution characteristic of the crime of organizing cheating in the examination,the main characteristics of the objective and subjective characteristics of the four aspects of the constitutive elements of the crime,to deepen the understanding of the crime.The second part of the article mainly on the organization of the elements of the crime of organizing cheating in the examination to do in-depth interpretation.The crime of "cheating" definition,"examination" the scope of "organization" meaning,contents of the second is still in the blank "help" to explain the nature and scope of explanation,determine the scope of "other help".The third content is to explain the specific content of the "Serious offender",first of all pointed out that the "Serious offender" identification dilemma,followed by the use of system to explain the principle of a clear "Serious offender" range.The third part mainly studies the crime organization of cheating,including the crime form,accomplice form and crime numbers.The first part discusses the organizing cheating in the examination is behavioral offense,and then being based on one view that the organizing cheating in the examination is multiple acts crime propose the accomplishment of the organizing cheating in the examination.The second part mainly discusses the sentencing standards of the helper who organizes cheating in the examination.The third part discusses the concurrent relationship between the organizing cheating in the examination and the crime of taking the place of examination,the implicated relationship between the crime of illegal sale of special equipment and forged or altered identity crime.The fourth part of the article is the conclusion.Summarize the content of this article,point out the purpose of writing is to provide ideas through researching on the crime of organizing cheating in the examination.