Study Of The Crime Of Organize Cheating On The Exam

In accordance with the Amendment(IX)to the Criminal Law of the People's Republic of China promulgated on August 29,2015,An article is added after Article 284 of the Criminal Law as Article 284 a which shall read: "Whoever organizes cheat in any national examination prescribed by the law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and concurrently or separately sentenced to a fine;if the circumstances are serious,the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and concurrently sentenced to a fine.Whoever provides cheating devices or other assistance for others to commit the crime prescribed in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.” This is the first time setting of criminal law to punish the crime of cheating.the Crime of Organize cheating in the exam?the Crime of illegally selling and providing questions and answers?the Crime of Instead of examinations,Formed a complete set of criminal law to punish cheating on exam.the Crime of Organize cheating in the exam is located in the first instance of the crime of cheating,reflecting the importance of this crime and its grave society harmfulness.On the basis of the introduction of cheating into criminal law,I`ll introduce its constitution of a crime and judicial boundaries of this crime to the others.Hoping to provide a reference for the theory and practice of the Crime of organize cheating in the exam.The article is divided into three chapters:The first chapter introduces the legislative process of the examination cheating behavior,demonstrates the inevitability and rationality of exam cheating into criminal law.the act of cheating on exams was mainly regulated by administrative law and criminal law,In this paper,combing the administrative laws and regulations and the scattered regulation of criminal law,combined with the current situation of cheating in the examination of the growing status quo,for cheating in the examination of the reasonableness of the necessity of laying the foundation for proof.At the same time,the harm of cheating in the exam,cheating in the examination into the punishment in line with China's national conditions,cheating in the exam and the world into the three aspects of the further proof of cheating in the examination of the rationality and inevitabilityThe second chapter introduces the basic problems of the Crime of organize cheating in the exam,the first part explain the meaning of the three basic terms of "cheating in examinations","legal provisions" and "national examination".The second part describesthe the Crime of organize cheating in the exam`s organization behavior and help behavior,have my own opinions in the consummated standard of this crime.Hope to offer a theoretical basis for this crime.The third chapter is about the demarcation between the crime of organize cheating in exams and other crimes.In the first part,i make a distinction between the crime of organize cheating in exams and other crimes cheating on exams.In the second part,i makes a distinction between the crime of organize cheating on exams and other crimes such as the crime of illegally obtaining state secrets,the crime of intentionally divulging state secrets,forging,altering,buying and selling ID cards and other crimes.To lay a theoretical foundation for the application of the crime of cheating in examinations in judicial practice.