On The Judicial Applicable Of The Crime Of Organizing Cheating In Examination

Cheating as a companion to the exam,has changed from a single person’s behavior to a large-scale organizational behavior,and the cheating is also more high-tech.Each year in major exams,there will be significant cheating cases.However,China’s stipulations on cheating in examinations are mainly scattered in various administrative laws and regulations,and the organizers of cheating do not belong to the main body of administrative regulations.After the introduction of the amendment to the Criminal Law,the cheating of several exams,including organizational cheating,was included in the penalties of criminal law.It was itself a new issue that needed to be studied,and the crime was in the specific scope of application and the constituent elements of the crime.The juridical cognizance problems such as crime forms,crime numbers,and joint crimes have not reached a consensus in theory and practice,and there are no specific provisions concerning the relevant judicial interpretation,which has led to some chaos in the application of the crime,such as The various courts have different standards in terms of the scope of the "state test prescribed by law" and the nature of "organization" behavior.In order to solve the above problems and deepen the understanding of this crime,this article intends to analyze the following six aspects.In the first chapter of this article,the introduction focuses on the status quo of cheating in exams and the practical significance of studying the crime.The second chapter discusses the punishability of the crime by analyzing the legitimacy and utilitarian nature of the organization’s cheating in the examination,and then combines the judicial practice in China and the basic attitude of the foreign countries or regions in organizing examination cheating.Finalize the criminal policy that our country should choose for this crime.The third chapter to the sixth chapter take the four essentials theory of our country as the starting point to conduct a comprehensive analysis of the constitutive elements of the crime,including mainly the study of the object;in the objective aspect,it mainly determines the scope ofthe “state test prescribed by law”.The meaning of “cheating”,“organizing” and“helping organization” and determining the number of “organizations” shall be analyzed as to whether there is an accomplice issue as well as the criteria for incriminating or aggravating punishment of the crime;the main part of the crime shall be mainly focused on It analyzes whether the unit belongs to the subject of the crime and whether the crime is a necessary accomplice.The subjective aspect of the crime mainly analyzes the subjective attitude of the organizer and the helper from the factors of understanding and the will.