An Analysis Of The Crime Of Cheating In Exams In The Judicial Application

Our country has been the exam kingdom since ancient times.The exam is always the basic way of different types of talent selections for thousands of years since the emergence of the exam,as well as an important way to embark on life career for the people with lofty ideals.However,exam cheating behaviors appeared from the beginning of the exam system,and the ways of cheating have been in the update accompanied by the continuous development of the exam,exam content and types of coverage increased at the same time,and eventually adapt to all kinds of exams.With the strong development of today's society,politics,economy,culture and other aspects,the demand for all kinds of talents has become increasingly high and the competition in the similar position has been more and more fierce,resulting in the increasingly importance in screening talent path exam.Therefore,exam cheating behavior has been intensified.In our modern social life,it is not only contrary to the principle of good faith,but also has a great impact on the social credibility and the fair and equitable competition in the minds of the people.Meanwhile,those cheating behaviors undermine the order of the national exam and the selection of personnel system.The consequences are so serious to our society that the damage to the national interests has arised more and more attention.It is imperative to carry out strict punishments for exam cheating behaviors.In the controversy,the "Criminal Law Amendment(9)" promulgated,and the exam cheating will be strictly punished in the scope of punishment.In a certain sense,it can be called a new start to curb the crime of exam cheating.Although there was a large number of administrative regulations in China before the promulgation of the "Criminal Law Amendment(9)",exam cheating behaviors and related behaviors of the qualitative and punitive lack a unified standard,leading to operating in the practice of exam cheating behavior of the identification and norms of disorder.In addition,the administrative regulations are different from the criminal law because lacking stringent punitive measures just the same as the laws,so it can not curb the phenomenon of cheating on the exam from the root.Judging from the existing criminal law,the offense related to exam cheating can regulate the exam cheating indirectly,but because of the differences of legislative intentions,there are significant flaws in the application process.So the practice of exam cheating behavior has a certain degree of rationality.Although the criminal law system has provided the crime of cheating in exams,it has not clearly defined"exam order","national exam","legal","cheating"and "organization" and other concepts,scope and behavior connotation.In principle,it is consistent with the criminal law modesty,but ignores that in the actual operations,different people will have different interpretations in spite of the same behavior,and then it may lead to different judgments of the results.Therefore,it is necessary to analyze the dispute in the process of application of the law,define the definition of nouns,behavior and scope.And then according to the different roles of different people in the process of crime,accurately distinguish the crime of cheating in exams and other similar crimes between the boundaries,so that the criminal law can better reflect the principle of suiting punishment to crime in practice and the perpetrators can be given the correct and appropriate punishments,so that the crime of cheating in exams can play a better role in the judicial application.