Research On Difficult Problems Of Organization Of Cheating In Exams

Due to the lack of relevant legal provisions in the field,the phenomenon of cheating in examinations has become a major issue that interferes China's administration of social order,fairness and national security.In recent years the nationwide-impact issues on the organization of cheating in the exam show the problem incisively and vividly.Article 25 of the Amendment to Criminal Law(Nine)of China includes the addition of the three new crimes including Organization of Cheating on Examination.Because of the Criminal Law regulates the cheating acts related crimes for the first time,there are still some problems in judicial practice of the application such crimes.In addition,the relevant research has not been carried out,and the theoretical results are less.This paper analyzes and summarizes the problems of cheating in exams combined with existing research results and author's understanding.Besides the Introduction and Conclusion,this paper consists of four main parts.The first part introduces the legal interest of the crime of Organization of Cheating in Exams.Illustrate that this is a compound legal interest,the primary legal interest is the social management order,and the secondary legal interest is the equal right of competition among citizens and the interests of the state.The second part summarizes and analyzes the difficult problems in behavior component of crime Organization of Cheating in Exams stipulated in Article 284 of Criminal Law,including the clear definition of the academic explanation of the relevant concepts in the objective behavior of crime Organization of Cheating in Exams and the application in the judicial practice.The third part mainly analyzes the relevant controversial issues in unfinished form problems of crime Organization of Cheating in Exams,discusses the problems such as the accomplish standard of crime Organization of Cheating in Exams and the determination of the behavior,and makes the rational determination and explanation of the relevant theories in criminal law.The fourth part puts forward the view on joint crime forms of the crime Organization of Cheating in Exam.It studies the rule on special sentencing of the behavior of helping Organization of Cheating in Exams in paragraph 2 of one of Article 284 in Criminal Law,refutes the view that considers it as an independent crime and argues that the provision is the special rule to help sentencing for behaviors.It is not reasonable in statutory sentence of the crime Organization of Cheating in Exams,the crime of Illegally Selling and Providing Answers and the crime of Taking Exams by Surrogate exam-takers.Through the above four parts,this paper explains in detail the Organization of Cheating in Exams in criminal law theory and judicial application problems,hoping to improve and develop the theory of the new-stipulated crime.