On The Crime Of Organizing Cheating In Examination

The crime of organizing cheating in examination is established in the ninth amendment of criminal law on the basis of fighting crime and maintaining examination system,which is applied frequently in the current judicial practice.In every specific cheating case,the judicial personnel have different tendency to understand the law and subjective impression of the case,so there will be different cases of judgment.However,there should be a unified standard on how to identify the constitutive requirements,criminal form and serious circumstances of the crime of cheating in the organization examination.Firstly,this paper makes a concrete analysis of the crime constitution of cheating in organization examination,elaborates the objective illegal stratum and the subjective responsible stratum of this crime,and deeply explores whether the disputed unit in the academic circles can become the criminal subject of this crime,so as to draw a conclusion that the crime of cheating in organization based on the will of all the units should also constitute this crime,but in practice,we should pay attention to distinguish between the natural person crime carried out in the name of the unit and the real organization cheating crime carried out by the unit.In the implementation of the illegal class behavior,the article from the organization behavior,help behavior,cheating behavior three modes,detailed explanation of the specific performance of each implementation behavior and the organization of cheating in the examination of the crime of " national examination prescribed by law" were limited,distinguish between general violations and criminal offences.Then the crime form one by one identified,discussed the accomplished crime does not require the actual damage results,as long as the start of cheating on the legal interests caused a certain threat to constitute the accomplished crime and therefore to proceed with the implementation of the behavior because of different ways and harm results,comprehensive analysis of the seriousness of the case identified.As for the identification of accomplice,the crime of organizing cheating in examination is not a necessary joint crime like most organizational crimes,and there is only one person organization in judicial practice.however,most cases are completed by members who have a clear division of labor.therefore,it is necessary to distinguish the principal and accessory who play different roles in the crime of organizing cheating in examination,so as to achieve the adaptation of crime and punishment.In addition,the criminal law amendment(IX)will help behavior convicted separately,which means that the organization of cheating in the exam to help behavior,namely the identity of an accessory to the organization of cheating conviction and punishment to the same standard,strengthen the fight against the crime of endangering behavior.In the judicial cognizance of the crime of cheating in organizing examinations,this paper makes a horizontal comparison between the elements of the crime of illegally obtaining state secrets,intentionally leaking state secrets,illegally selling examinations,examination questions and answers,which are easy to be confused with this crime,and has a clear understanding of this crime and the cognizance of this crime.At the end of the article,for some unclear or controversial cases in judicial practice,some solutions and methods are put forward in order to use this crime reasonably and accurately in practice.