The Research Of Cheating Crime Judicial Cognizance

The crime of organizing exam fraud is a crime of organizing cheating in the national examinations prescribed by law,or to provide cheating equipment or other help for others to cheat in the national examinations prescribed by law.The offence of this crime is the impartiality of the examination and the order of examination,and the crime violates the candidate's legitimate rights and interests.The actor of the crime of organizing exam fraud is natural person,and the behavior includes two kinds: the first is to organize the cheating in the national examinations prescribed by law;The second is to offer help in the national examinations prescribed by law.The liability form of the crime of organizing exam fraud is fault,ciminal motive is commonly in pursuit of material interests,if the actor has capacity for duties or has not anticipated possibility so the actor has not responsibility for their behavior.The unaccomplished patterns of the crime of organizing exam fraud includes preparatory crime,unaccomplished crime,and discontinued crime.The realistic basis for preparatory crime of the punishment of this crime is that it has serious social negative influenceand,the legal basis is article 22 and 284 of the criminal law.The preparatory crime includes two situations: firstly,actor prepares for the crime and creates conditions for oneself in the national examinations prescribed by law.The second is to prepare for the crime and create conditions for other people to cheat in the national examination of the law and provide cheating equipment or other occasion of help.Unaccomplished crime of the crime is that actor has embarked on organization in the laws and regulations of the state examination cheating behavior or organization in the laws and regulations of the state examination for others to cheat,because the actor will not succeed.Discontinued crime of the crime is that the organizations in the implementation of the laws and regulations of the state examination cheating or organization in the laws and regulations of the state examination cheating cheating,equipment or other help in the process of automatic give up crime or effectively prevent crime results occur.Discontinuance of crime organizing cheating in examinations refers to the behaviours including organizing cheating,providing cheating equipment or giving up the criminal behavior automatically or automatically and effectively prevent the criminal result from happening during the process of national examination prescribed by the law.In the judicial determination of the joint crime of cheating in the organization examination,it mainly involves the identification of joint principal offender and accomplice.The joint principal offender of organizing cheating in the exam shall be based on the common implementation organization mens rea,each actor on the implementation of a single act get together as a whole person through mutual cooperation and realize the cheating in the exam.Comblining form includes the combination of organizational behavior and organizational behavior,the combination of helping behavior and helping behavior,and the combination of organizational behavior and helping behavior,joint crime should be set up joint crime together.Accessory of this crime exists in the second behavior types,namely,actor offers cheating equipment or other help to others in the national examination prescribed by law including the help of physical and psychological help.The instigator of this crime is to deliberately instigate and it causes others to implement the organization in the laws and regulations of the state examination cheating in the exam,or deliberately instigate,which causes actor for others offers cheating equipment or other help in the national examination prescribed by law.The complicity relation departure of this crime asks the co-prisoners to eliminate the physical causality of the result and the causality of the mind.There is a relationship of overlapping of articles of law among the crime of organizing exam fraud,whoever illegally sells,crime of providing answers to questions,and crime of cheating in exams.According to the different situation,special terms is superior to the general terms or heavy law is better than that of the principle of light law.There is a relationship of overlapping of articles of law among the Crime of Organizing Exam Fraud,crimes of unlawfully obtaining state secrets,crime of betraying state secrets,the crime of forging and altering official document and the seal,crimre of forging and altering and trading resident identity card and so on.If overlapping of articles appears,the principle of punishment for a crime should be applied.Several crimes of this crime's expressive behaviors is the several crimes of infringing on the same object,embarking on a crime after other mens rea constitute crimes,ordinary crimes and plural crime.It should adopt different methods according to the different situation to carry on the combined punishment for several crimes.