The Criminal Law System And Perfect Research On Test Fraud

Cheating in the exam as a major obstacles of social fairness and justice,the need for more stringent regulation by means of the rule of law,with the development of science and technology development,in the huge economic interests,cheating is not only cheating,has violated the legal bottom line,the situation is very serious.In the context of the rule of law,the prevention and control of social justice,the impact of fraud,a historical necessity.However,the current legal system is not enough,although the "criminal law amendment(nine)" has been officially cheating behavior into the scope of criminal law,the legal provisions but cheating behavior into the punishment is too simple,there are a lot of ambiguity and gaps,there is a problem in the judicial practice of criminal law and other charges of coincidence the connection between the exam cheating,the criminal law system and administrative regulations has not been completed,the new regulations still need to be further clear and specific,the number of crime and the crime of new charges also need further research,in order to determine,to improve the examination fraud penalty system,better play the utility of the criminal law.By adopting the method of empirical research,the grim situation of the exam cheating analysis,to respond to the existing legislative predicament,and establish the important position of criminal law and the practical significance,the existing administrative regulations and departmental rules of criminal legislation did not keep up with the latest changes,there are some lag,administrative management and criminal the judiciary disposal is temporarily unable to be seamless.Take the regulation exam cheating criminal dispute is great,the main provisions of the criminal law should be refined and clear,the administrative law enforcement and criminal justice is not close enough,the legal effect and social effect of both macro,micro elements such as the definition of dispute and organizational behavior,with both the problems and disputes on charges of attempted.Finally,starting from the problem,put forward three suggestions to perfect the legislation,strengthen complementary role of judicial interpretation,the judicial interpretation in the clear requirements in the "law" by the state examination scope,examination fraud,"organizational behavior" and "serious" standards;clear examination fraud crime and illegal cheating boundaries,perfect the relevant administrative laws and regulations be seamless,carry out the criminal policy of combining punishment with leniency;criminal elements focused examination fraud crime,the relationship between the definition of the crime of cheating on the examination form,crime number and examination fraud crime.In addition,put forward the idea to build a multilevel examination of legal system,the defects in the legislation to promote the understanding of the existence of legal norms,legal system including judicial interpretation of the criminal elements,the introduction of discussion and other prevention of cheating.Judging from the performance of the corrupt behavior is the destruction of the social value of fairness and justice,but also a more profound honesty and credit to the good social habits of the challenge.However,through in-depth understanding and investigation,we can put forward some effective countermeasures and suggestions to solve the dilemma of the regulation of fraud.