Research On The Difficulties And Counterme Of The Crime Of Exam Cheating From The Multi-governance Theory

In August 2015,the new "criminal law amendment(nine)" add crimes of "organizing cheating in exams","illegal sale","providing answers to questions" and the crime of "surrogate exam-taker cheating in the exam" into the law.The exam cheating has existed in history for a long time.However,the exam cheating in the criminal punishment is different from general exam cheating.Putting the exam cheating into the judicial punishment is a great innovation in judicial reforming process in China.Also it is one of the important contents of "rule of law" Policy.Moreover,it is an important measure to promote the construction of social credit system,reflecting the will of the country to combat such crimes,the necessity and urgency of comprehensive treatment of the crime.Considering that the time of exam cheating crime into the criminal law is short,thus,the related research mainly focused on two aspects.First,legal research of jurisprudence on the judicial punishment of exam cheating exam,concentrates on exam cheating crime in the psychological,social,economic aspects.Second,countermeasures mainly pay attention to the construction of credibility mechanism to deal with public crisis.Overall,the research lacks the relevant research on the crime of cheating in "multi subject governance".Exam cheating crime involves a number of national examinations,also the causes of crime are complicated and the crimes are diverse.Crime exam cheating,should not only focus on punishment,but also should pay more attention to crime prevention.Although cheating crime punishment and prevention system construction in the exam to strengthen the mechanism construction is underpinning and significant,the leading role of the government that leads social organizations into a positive role in the public and being harmoniously cooperative is the key to form a new pattern of governance.Only by this way,can the comprehensive management of crime exam cheating be fulfilled.Multi-governance theory is a new development of public administration,discussing how to enhance the fairness of government and deal with public affairs effectively.The government is not able to have ability to "arranged" for all public affairs.Therefore,multi subject cooperative participation is necessary for effective governance.The multi-governance theory for the exam cheating crime brings out two inspirations:one is multi subject performs its own function,being collaborative with the governance of the "three-dimensional" in a high degree;another one is a multi subject interactive closely,collaborating with governance in a precise degree.This paper takes multi-governance theory as the theoretical framework,exploring the applicability of governance theory to the exam cheating crime management;combine with the typical cases of cheating crime to analyses of the five major features in the cheating crime.Discuss the dilemma and situation of governance and the existing exam cheating crime to dissect the causes;on the basis of that,take "multi-governance theory" as a perspective to dig out the cause and solution of exam cheating and analyses the construction among government entity,social organization and public "multi".Of course,this paper analyzes the "multi subjects" interaction remains to be improved.Put exam cheating into the law is just a start.To achieve the"punishment and the prevention combing together" in an overall and effective condition,equipping with multi-governance to stimulate active participation of public is an inevitable path.