On Judicial Determination For Crime Of Organizing Cheat On An Examination

With social development,national examination has become an important node for higher education and professional career;for individual citizen,examination is not only the instrument for measuring education degree,but also the platform and opportunity for acquiring the higher educational resource and job opportunity.Hence,whether the national examination is equitable and normative will have a crucial influence on individual learning and professional career.Depending on normative national examinations,everybody can abide by examination disciplines and enjoy corresponding teaching resources and job opportunities through true skill and genuine knowledge and the state can select genuine talents.On the contrary,if some individuals have fluke mind and cheat during national examination,another person's rights may be infringed and examination order can be disturbed.Therefore,due to the increasingly significant role of examinations,the regulation on cheat on national examinations has risen from constraint of moral self-discipline to safeguard of another person's rights and maintenance of national examination orders.Under such context,criminal law regulations on cheat on national examinations emerge as the times require;in this thesis,the legislative process of newly increased crime of organizing cheat on an examination and the significance for bringing such crime into criminal proceeding are analyzed and how to ascertain the crime of organizing cheat on an examination in juridical practice is discussed.A new regulation was added after article 284 in Amendment(IX)to the Criminal Law of the People's Republic of China to be a clause of article 284;the criminal law regulations should be made on cheating behaviors based on crime of organizing cheat on an examination,crime of illegally selling and providing test questions and answers and crime of taking exams on behalf of others.The crime of organizing cheat on an examination is ranked ahead as a heavy offense and meanwhile the behavior of illegally selling and providing test questions and answers and that of taking exams on behalf of others also exist in cases of organizing cheat on an examination;hence,in this thesis,the crime of organizing cheat on an examination in the newly added crime of cheating on an examination is selected as the study object to analyze the judicial determination for crime of organizing cheat on an examination.Firstly,the application premise of crime of organizing cheat on an examination should be confirmed,namely,how to affirm the national examination according to law.In this part,the connotations,types and social functions of national examinations are analyzed firstly and then the two characteristics of national examinations regulated by law are analyzed.Secondly,through the analysis on “organizing” behavior in component elements of crime of organizing cheat on an examination,how to accurately recognize such crime in juridical practice is discussed.In this part,the connotation of “organizing” in crime of organizing cheat on an examination as well as the specific behavior mode are analyzed and the distinction between perpetrator and abettor of crime of organizing cheat on an examination is expounded.Thirdly,the “cheating behavior” in component elements of crime of organizing cheat on an examination is analyzed.In this part,classified study method is applied to analyze and demonstrate the connotation of “cheating behavior” in crime of organizing cheat on an examination together with the specific behavior mode.Meanwhile,through the comparison on behaviors of organizing cheating,illegally selling and providing test questions and answers and falsely obtaining state secrets,the issues that require attention during ascertaining process for crime of organizing cheat on an examination in juridical practice and the key points and questions that should be mastered during judicial determination process are discussed and analyzed.