Research On Helping To Organize Cheating In Exams

The promulgation of the "Criminal Law Amendment(IX)" made it possible to decriminalize the cheating of exams that were previously regulated only by administrative laws and regulations.This is a major step forward in criminal legislation that follows the complicated situation in society.Paragraphs 1 and 2 of this new Article 284 of the New Regulations provide for the organization of cheating in examinations and for the organization of cheating in examination of exams,which states:"In the national examinations prescribed by law,organizations cheat Shall be sentenced to not more than three years of fixed-term imprisonment or criminal detention and shall be concurrently sentenced with a fine of not less than one single fine;if the circumstances are serious,they shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and shall also be fined.Providing cheating equipment or other assistance to others for committing the crime mentioned in the preceding paragraph,The preceding two penalties are punishable by the provisions of the preceding paragraph."Both of these acts present different patterns of performance,with the former mainly manifested as"organizing "behavior and the latter mainly as providing cheating equipment and providing other assistance in understanding" cheating.equipment "And" other help"connotation and extension,is to understand the direct ways to help organize the conduct of cheating in examinations;legislation does not specifically list" other help behaviors "large,so enumerating the specific other help behaviors that may be of great significance to understanding the cheating that helps organize the exam.With reference to the related cases of cheating in exams,we can see that the specific cheating behaviors that help organizations to test cheats mainly include the following kinds of helper behaviors,namely,providing behaviors of cheating devices,helping behaviors that provide answers to questions,providing aids for examinations,providing counterfeit transformations The behavior of the ID card,the help behavior of the staff of the examination room,the provision of means of transportation and the help and so on,all of which have great social harmfulness and directly affect the implementation of the organization cheating in examinations.To understand the help behavior also need to know the organizational exam cheating,these two acts constitute a common crime,they have great relevance.In a general sense,to help organize cheating in examinations and cheating in examinations of organizations is two different manifestations in the same criminal process.Both of them can form joint criminal acts,and the punishment that helps to organize examinations relies on the existence of cheating in examinations.This is the connection between the two behaviors.On the other hand,it helps to organize the cheating of exams to be independent and does not completely belong to the organizational behavior.Therefore,the help behavior should be viewed independently and the relationship between the two behaviors should be recognized.The academic community has a different view that help organize the examination Cheating is set up to help organize the examination of cheating crime.Because the legislation's provision of helping to cheat on examinations is "punishing according to the provisions of the preceding paragraph," many scholars consider it a legislative act of "Positive offense of help" made by the government.Such acts of assistance are like helping the organization the crime of prostitution should be set up independently to help organize the examination of cheating;Some scholars also think that this regulation only deals with the "Crime of sentencing" of the helping act.Helping the exam cheating is still the assisting criminals who cheat on examinations.However,based on its particularity,it is no longer prescribed by the General Provisions,but to do "Crime of sentencing" treatment.The distinction between"Behavioral offense" and "Crime of sentencing" directly affects the identification of the nature that helps to cheat organizations and the application of penalties.In the accusation of guilty,it helps to organize cheating on examinations to establish an independent organization to help cheat on examinations from several aspects.First,it is the embodiment of the original intent of the law to make an independent conviction.The second is to analyze the problem of "Positive offense of help",this behavior is in line with the necessary conditions for ascension as a positive offense.Third,from the legal point of view to see Helping to organize cheating in exams,which belongs to the positive offense under the legal system.