Analysis Of The Defects And Improvements Of The Crime Of Surrogate Exam

The phenomenon of the exam-taker has been repeatedly banned and intensified in our country.Merely relying on past administrative regulations and administrative measures has been unable to effectively deter the examination of aids.Criminal Law Amendment(9)put it into the sentence,although in the criminal law academia and practice has caused no small controversy,but it has a special advantage for the governance of the unhealthy tenure.In practice,there are common candidates and professional candidates,both in the subjective viciousness,social harmfulness and other aspects of the existence of a big difference,it can not substitute for the crime of "one size fits all",depending on the specific person Depending on the situation.However,according to Criminal Law Amendment(9)in the description of the crime of examination,it does not distinguish between general candidates and professional candidates,which will lead to crimes not suited to the problem.Therefore,the legislature should amend the statutory sentence allocation for the crime of examining offenses so that the actors with low-to-high-risk behaviors have their own corresponding ladder-like sentencing standards,which not only reflects the restraining nature of criminal law and the principle of coping with crime and punishment,But also to maximize the effective control of the test to achieve the purpose of the penalty,so that the crime of exams to play its due role in the effective control of the phenomenon of the test.