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Research On The Crimes Of The Organization Of Cheating On Exams

Posted on:2018-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y DengFull Text:PDF
GTID:2346330536980705Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As an important way to select talents and professionals,examination is full of authority and fairness,leading people to take part into it to change life.However,someone heavily desires to pass the exam so that they prefer to take illegal means rather than normal method.At the same time,activities of cheating in the examination are gradually tending to large scale,developing industrialization and chains.Therefore,many kinds of cheating method arise to meet so called “market demand”,from traditionally bringing notes,leaking test question answer to using modern high-tech equipment or providing identification ids in order to make someone else instead of them to join the test.The Ninth Amendment to the Criminal Law of PRC(hereinafter referred to as the <criminal repair nine >)article 25 established of a set of offenses related to the act of cheating on the examination.Crime of the organization of the cheating in examination includes the first two articles.After the test cheating behavior into the sentence,from the legislative level to solve the long-term judicial practice cannot be in the state,its milestone meaning self-evident.However,problems and disputes also follow.Organizational examination cheating into the prison is conducive to the fight against the existence of the organization of corporate cheating,to protect the legitimate interests of other candidates,but the scope of the examination and organization of cheating behavior that there are some problems and disputes.This article will focus on the normative analysis and the judicial application of the crime of organizing examinations.In the normative analysis,it is necessary to further determine the legislative value orientation and crime of the crime of organizing examinations,and find out the boundary between the crimes and free.Through the in-depth analysis,this paper argues that the legislative value of the crime of organizing the examination of fraud is worth mentioning,but there may be problems such as the definition of the offense and the application of the law,and still need to be further improved,such as better punishment in the examination cheating On the need to improve the application of fine penalty,handle the relationship between criminal penalties and administrative penalties.Firstly,the paper introduces the legislation situation of the examination cheating crime in foreign countries and the significance of the organization's cheating in the examination;In the second part,the author will analyze the elements of the crime of organizing the examination of the crime of cheating on the crime of organizing the examination of the crime of cheating the crime of organizing the examination.The third part will analyze the crime of the crime of organizing the crime of fraud,and discuss the accomplice of this crime;the fourth part will be on the first three parts of the organization test fraud on the analysis and understanding of crime,and the crime and the boundaries of the crime to distinguish.
Keywords/Search Tags:The crimes of the organization of cheating on exams, Constitutive elements of crime, The form of crimes, Crimes and innocence, The boundary of crimes
PDF Full Text Request
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