The Criminal Law System For Cheating Crimes In Exams

Every year,China held as many as 200 kinds of national examination.The number of people involved in the examination also reached hundreds of millions of people.The examination is the most basic way to choose the election,but with the continuous development of society,the continuous progress of science and technology,the scale of the examination has gradually increased,It can be said that almost every state-level examination will have a large-scale cheating situation,and often there will be specialists to organize the test system in China has brought a great adverse impact on the fair and fair candidates to participate in the examination of the legitimate Interests cause serious adverse consequences,there is a far-reaching social influences.Before the formal implementation of the Criminal Law Amendment Nine,there are various views on the recognition and punishment of cheating on examinations.Although there are many rules of administrative punishment for cheating on exams,there are charges in criminal law.But in the case due to the specific circumstances of the case and the relevant charges are not enough to meet the relevant charges is not effectively drop regulations cheating.Therefore,it is necessary to systematically classify and regulate such acts in criminal law.This article will demonstrate from the following aspects:The first part discusses necessity of cheating crime,the punishment for cheating in the exam system history and foreign legislation,to explore the causes of cheating punishment,starting from the social harmfulness of cheating,limitation of administrative punishment and the "criminal law amendment(nine)" before the criminal law is not perfect.The second part is to define the relevant concepts.First the connotation of cheating in examinations is expounded,followed by the analysis of the national examination category by the law,the meaning of the national examination and the scope of the national examination prescribed by law.The third part is the judicial determination of the basic behavior of cheating in exams.First of all,the classification of criminal behavior of cheating in examinations is defined.It can be divided into organizational examination,cheating,illegal sale,examination questions,answer behavior and examination behavior.The relevant concepts and forms of crime in each act should be clarified.The fourth part is about how to perfect the judicial application in our country,including the identification of the crime of illegally obtaining state secrets,the crime of deliberately leaking state secrets in the paper and the answer can be identified as to state secrets,and the analysis of the illegal use of wiretapping,burglary crime as special equipment and the difference between the crime of cheating and related properties of equipment;if the circumstances are serious,be qualitative and national staff should be severely punished.