On The Criminalization Of Cheating In Exams

With the promulgation and implementation of the Criminal Law Amendment 9, the behavior of cheating in exams is also incorporated into the field of crime. However, the inclusion of the crime is not all examinations, nor all the means of cheating. The examination is defined as the “National Examinations Created by Law”, which is not only required to be a national examination, but also needs to be created by the law. There are three kinds of cheating, that is, the action of organizing the cheating in the exam(including helping organize the cheating), the action of selling or providing exam papers or answers and the action of taking part in the exams by somebody else. It is necessary to regard some of the actions of cheating in the examinations as the crimes, for this can keep the fairness of the exams. This paper is based on the three kinds of crime of cheating in the examinations, analyzing the provisions of the criminal law, the relations with the other crimes and some views that can't be agreed on. And in the last chapter, the writer puts forward two other actions of cheating in the exams which should be seen as the crimes.