Research On The Crime Of Cheating In Organizing Examinations

Since ancient times,examination has been an important way to select and test talents in our country.However,in the contemporary era of increasingly fierce social competition,cheating in organizing examinations has become more and more serious,which has brought about extremely bad social impact,seriously undermining the normal social order and the national examination management order.In August2015,the Amendment to the Criminal Law of the People's Republic of China(9)was promulgated to regulate cheating in organizing examinations.There is still some ambiguity in the specific application of the crime of cheating in organizing examinations.Therefore,on the premise of understanding the legislative purpose of legislators and on the basis of defining the summary of the crime of organizing examination cheating,this paper analyses and studies the constitutive elements of the crime of organizing examination cheating,that is,the object of crime,the objective aspect of crime,the subject of crime and the subjective aspect of crime,and probes deeply into the judicial identification of the crime of organizing examination cheating,including the problem of criminal form and the question of joint crime.In order to crack down on cheating in organizing examinations more effectively,maintain the normal order of examinations,and create a fair and just examination environment for the majority of candidates.