Discussion On Itself And The Extension Of The Crime Of Replacing Others Or Replaced To Exam

The examination fraud behavior makes that the normal order of a fair and impartial examination has been greatly damaged and the social credit system is violated.For this reality,the Amendment to the criminal law of the People's Republic of China(nine)(hereinafter referred to as the Amendment to the criminal law(nine)),the paper twenty-fifth was increased crime of organizing examination cheating/ crime of providing help,test question and the answer for organizing examination cheating/ crime of replacing others or replaced to exam.The author thinks that in setting these charges,charges of criminal law about cheating lists are very comprehensive,covering most conceivable means and forms of crime,to regulate the vast majority behavior of fan and cheating in the examination.It is reasonable and necessary to add a crime clause in criminal law,which needs to be explored and explained by law and applicable.The Amendment to the criminal law(nine)instead of the crime of the legislative examination added,also responded to the need of judicial practice,social security and the group of candidates' legitimate rights and interests.One of the contents of this paper is that additional examination instead of crime is reasonable and necessary.Although the Amendment to the criminal law(nine)has come into effect and to determine the specific content of the application of the crime and law,the author will continue to conduct the ins and outs of this crime in derail.Apart from the offense itself discussion,I also discuss and expound instead of examination behavior in the modern civilization society inside science and technology from the social environment,individual,various network and other aspects.The current criminal law has limited the exam to the crime defined as legal provisions of the state examination;it must be in accordance with the law from establishment of national examination.But it doesn't include departmental regulations and documents for the establishment of the examination.In this paper,the crime of "replacing exam behavior" in the semantic range instead of others to take the exam and let others take the test,which are two behaviors.The first part of this paper is the origin and characteristics of the crime of replacing others or replaced to exam.Firstly,it is the external reasons of the crime of replacing others or replaced to exam,there are three aspects: the social society,network,and the examination system;the internal reasons of it mainly have two aspects: interest and morality.Secondly,it is the legislative history of the crime and the punishment of this behavior in other countries;it is the development of law in how to punish the training behavior,the author write different practices from ancient,modern,modern and abroad,both the longitudinal comparison of time dimension and horizontal comparison space.Finally,it is the characteristics of this crime.The second part is to discuss the charges only itself.First of all,it is the process of setting up the crime of replacing others or replaced to exam,the author lists the views of scholars,including support side,opposite side and neutral point of view.The author believes that we should set up the crime of replacing others or replaced to exam.Secondly,the author was inspirited by discussing the case,and analyzing two words meaning "instead of".At the same time,the paper discusses the special problems of this charge.We discuss whether the network service provider of the establishment is an accomplice in the dissemination of common crime and sentence appropriate elaboration.The third part is about the relationship between the criminal law and the administrative law and responded to the objections expressed above.The conclusion is to reaffirm the position of this paper------the crime of replacing others or replaced to exam should be strictly limited used.This paper is composed of the four parts,around the crime of replacing others or replaced to exam,to express the author's point of view.