Research On Complicated Issues Of Organisation Of Exam Fraud

The crime of organizing examination fraud refers to the organization of more than three people cheating in the national examination by law,or the practice of providing cheating equipment for organizing cheats which have serious damage to the national examination order.In terms of its constituent elements,the main body of this crime is the general subject and does not contain the institution;the subjective aspect is intentional,including direct intention and indirect intention,without negligence;the objective aspect is complex object;the objective aspect is mainly the practice of organizing cheating in the national examination by law,or the practice of providing cheating equipment for organizing cheats.The legal provisions herein refer to the normative legal documents formulated by the National People's Congress and its Standing Committee,that is,the law in narrow meaning.The national examination refers to the four categories of examinations including education,selection,qualification,testing in the national level.The national examinations provided by law are examinations of the types of education,selection,qualification,and testing at the national level,which are based on narrowly defined laws.Organizational behaviors are specifically the behaviors including the organization,leadership,planning,command,directing,hiring others and other actions,which require there are more than three people.The crime should be considered in particular with the principle of modesty,and regard the constituted elements as specific review criteria.There are problems such as the imagination of competing,implication and combined punishment for several offenses in the principal crimes and other crimes.The judgment of the crime should be completed with the standard of the organizational behavior completion and cheating behaviors.The act of committing the helping behavior of the crime is not justified,which should be defined.Only acts that are commensurate with the provision of cheating can be directly committed,and the common helping behaviors should still be commuted with the joint crime theory.