Research On The Crime Of Organizing Cheating In The Examination

Since the ancient times,the examination is an important way of talent selection in China.With the gradual improvement of the status of the examination,the phenomenon of cheating in the examination has become increasingly rampant,and has shown the characteristics of information,high-tech,collectivized operation and so on.In this case,the original laws and regulations cannot effectively regulate the phenomenon of cheating in the examination,it is urgent to set up a special offence to crack down on cheating in the examination.For this problem,"Amendment of the criminal law(Nine)" has increased the organization examination cheating crime and so on related charges,and had filled the legislation blank.However,at the same time,for the related judicial explanation has not been issued,the related theory research is not deep enough.There are still many problems in theory and practice.This paper analyzes the main problems in the theory and judicial practice of the crime of organizing cheating in examination.First of all,the author introduces the dispute of the object of the crime of cheating in the organization examination in theory,and puts forward his own viewpoint,that is,the object of the crime of organizing cheating in the examination includes not only the order of the national examination management but the examination rights of other candidates should also be included.Secondly,the author defines the behavior of "organization" and "cheating" in the crime of organizing cheating in the examination.The definition of these concepts is the basis of judging the crime and the non-crime,if the definition is not clear,it is easy to cause confusion in judicial practice.Thirdly,the article 284 in one of the provisions of the second paragraph of the criminal law is a subsidiary of the principal offender or assist the sentencing rules are analyzed.Finally,the author puts forward his own views on the organization of cheating in exams to stop the form of the relevant issues.Combined with the current theoretical research results and judicial cases,this paper makes an in-depth analysis of the related issues of the crime of organizing cheating in examinations,hoping to bring reference value to the trial practice.