Research On Crimes In Place Of Others Taking Part In Examinations

In recent years,China's postgraduate entrance examinations,high school entrance examinations,driving school examinations and other nationally prescribed examinations have frequently been reported as fraudulent cases,many of which have been tested in the examinations,since the execution of the examinations,although the gunmen in the country The behavior of the test is limited by the criminal law,and it also converges a lot.However,it is not uncommon for the country to be sentenced by the department for the examination.The cheating is still repeated.Some people are driven by huge interests,but they still try their best to practice the law.Fortunately,we can escape legal sanctions.This reflects the weak legal consciousness of some people.It also reflects that the public's ideological concepts have not undergone fundamental and fundamental changes.Many people still regard cheating on exams as a moral issue or violation of discipline.Behaviors are judged;however,the act of taking the test seriously undermines the legal benefits of the state's fair examination system,procedures,and the rights of candidates to take the fair test.It also challenges the authority of the law and requires regulation.In the new social situation,due to the continuous renovation of cheating methods and the improvement of the technical level of crimes,the social harmfulness of cheating in exams is clearly revealed in the public eye.China's "Criminal Law Amendment(IX)" conforms to the characteristics of social development,and has targeted three crimes and regulations.It has solved the problem that China has not had a criminal law to regulate cheating in the exam for a long time,ending the past behaviors.The punishment for all kinds of crimes.According to the crime of substituting examinations,many attempts have been made in the country to impose penalties on test-taking behaviors,so that the crime of substituting examinations has also moved from the law on books to the law of practical operation.However,it is still urgent to explore how to understand and apply the alternative test behavior after conviction.With regard to various disputes,the author combines various parts to discuss personal opinions.The crime of replacing examinations is mainly divided into two kinds of behaviors.The author believes that the subjects of the two sides of the test are the typical counterparts.The scope of the national examinations prescribed by law should be combined with the narrow legal provisions and The actual operation is flexible and graspable.In the punishment,it is necessary to strictly distinguish the criminal subject.At the same time,it is necessary to consider the modestness of the application of the criminal law.The author analyzes the domestic and foreign applicable status of crimes instead of examinations,the characteristics of crimes,and the crime of substituting examinations.On the basis of the judicial determination in China,this paper analyzes the crime of replacing examinations and discusses the applicable path of the crime of replacing examinations in China.However,cheating in the test is a legal issue and a social issue.In addition to the need for penal involvement,governance requires the efforts of all parties in the society to reconstruct the social integrity system.