Study On The Judicial Identification Of Organizing Fraud In Examination

In recent years,there have been frequent cases of cheating in examinations.However,the legislation on the crime of cheating in examinations is relatively lagging behind.In the past,the criminal law regulation of cheating in examination is based on the law interests infringed by the specific behavior of cheating in the examination.This kind of treatment neglects the complexity and diversity of the legal interests of the crime of cheating in the examination,especially the crime of organizing cheating in the examination,so it can not effectively protect the national examination order and the fair competition rights and interests of the society in the judicial practice.Therefore,in order to make up for the defects of legislation and judicial application,the criminal law amendment(nine)has established a specific accusation against several common ways of cheating in examinations in real life,that is,organizing the crime of cheating in examinations,instead of testing crimes,offering illegally,selling questions and answers.In order to more accurately understand and apply the relevant charges of cheating in the examination,and achieve the same crime and punishment,it is necessary to analyze and carefully comb the charges of cheating in the organizational examination.The full text is divided into five parts:In the first chapter,the author summarizes the crime of cheating in the organization of examinations,studies the legislative background and the legislative origin of the crime in detail,expounds the constitutive elements of the crime in detail,and makes a detailed analysis of the four elements of the constitution of the crime.In the second chapter,we mainly study the important issues that we should pay attention to in the judicial determination of the crime of cheating in the examination of organizational exams,including the criteria of the determination of common crime of the crime of organizing examination fraud,the determination of the cessation form of the crime and the determination of the crime.On the aspect of the determination of joint crime,the nature and the way of handling the act of helping the organization of examination cheating are emphatically analyzed;The analysis of the " proceeds " of cheating crime in the organization examination is the key to correctly judge its crime stop form;The relation between the crime and other crimes and the way to deal with it are analyzed in the aspect of the cognizance of crime.The third chapter,investigate the foreign other countries' criminal law to the examination cheating crime standard way.Based on the analysis of the relevant laws and regulations of the continental law countries Italy,South Korea and the common law countries of Britain,the United States and India,this paper summarizes the laws of the extraterritorial criminal law in the fight against the criminal acts related to cheating in examinations,and analyzes its advantages and disadvantages.It provides experience and reference for our country's criminal law in regulating the crime of cheating in examination.The fourth chapter,through the organization of cheating in the examination since the effective analysis of the court judgment,summed up the legislative and judicial shortcomings of the crime,and respectively put forward targeted solutions to the problem.The fifth chapter summarizes the article,looks forward to the future of the criminal law to regulate the crime of cheating in the examination,the non-criminal regulation method should be paid enough attention to,cooperate with the criminal law regulation way.Only then can we effectively control the crime of cheating in examination,thus maintain the order of national examination management and safeguard the right of fair competition of examination...