Crime Legislation Perfect Research To Cheat In Exams

With the "Criminal Law Amendment(Chapter 9)" promulgated examination cheating behavior has risen to the height of the crime,from the perspective of the overall legislation,examination cheating crime regulation is to adapt to the increasingly severe test environment and the development of social law process It is also a major step forward for the criminal law.The criminal law as a rule of learning,its own development and improvement and the change of practice should complement each other,the perfection of legislation benefits from the reflection of practice,and perfect legislation can provide strong support for the development of criminal law.However,there are still flaws in the criminal legislation of exam cheating crimes in judicial practice,which need to be further improved and perfected,truly incorporate the national examination cheating behavior into the legal vision,enhance the seriousness of the national exam,promote the in-depth development of theoretical research,and can also train Sensitivity to the legal issue and way of thinking.The first chapter is the introduction.First of all,it analyzes the purpose and significance of the article research and the research status at home and abroad,and summarizes the research methods and ideas used in the article.The second chapter mainly discusses the connotation,extension and scope of cheating crime.The third chapter is the theory of punishment for the crime of cheating in the exam regulation,to analyze the reasons for the punishment,to find theoretical support its legislation,which covers the theory into the penalty equity theory,theory of procedural justice and modesty theory;The fourth chapter mainly expounds the status cheating on exams legislation model,the legislative level,the legislation,thinking to find the inadequacies of its existence provide a realistic basis.The fifth chapter mainly elaborates the existing problems in the legislation of current cheating crimes.To explore the existing omissions in the legislative model of the existing amendments to the criminal law,to explore the irrationality of the legislative hierarchy,and to study the content of the legislation and regulations for the examination of cheating crimes.It is clear that the lack of guilty culprits in the examination and the application of constituent elements are difficult to apply.The sixth chapter mainly discusses the criminal legislation system of foreign countries on cheating crimes in exams.Based on the analysis of the relevant legislation of the Anglo-American law system and the civil law system,it draws lessons from the legislative experience that suits China’s national conditions.The seventh chapter is aimed at improving the legislation model,legislative level,and legislative content of the cheating crime.The legislative model can be based on the constitution,breaking through the original legalframework,and at the same time establishing the organs and conditions for the preparation and promulgation of the Criminal Code.The level of legislation can be based on the criteria for the division of infringement law,combined with a consummated legislative model to stipulate separate provisions for cheating crimes.If the deficiencies of the statutory content of the cheating laws on examinations are not adequate,they will need to supplement the guilty of cheating on examinations and the corruption of test scores,and make suggestions on the constitution of the elements and sentencing feasibility to make up for their deficiencies.