Research On The Judicial Determination Of Crime Of Cheating In Examination

The so-called crime of cheating in examinations refers to a kind of crime in which the perpetrator intentionally conducts such ACTS as organizing examination cheating,illegal selling,providing examination questions,answers and taking exams for others in the national examinations prescribed by laws,thus seriously undermining the fair and just examination order.The offence includes three offences: organising a test to cheat,selling it illegally,providing questions,answers and substituting for the test.The establishment of the three crimes aims to maintain the order of the examination with legal basis.Here,the law refers to the narrow sense of law,namely the law established by the NPC and its standing committee.In the aspect of the constitution of crime,the three crimes have the unity of the main body,the object,the objective aspect,the subjective aspect and other constitutive elements,and the uniqueness of each constitutive element.It plays an active role in curbing the expansion of cheating in examinations,making up for the lack of effectiveness of administrative sanctions,and maintaining the demand for social integrity.The key to the determination of crime is the determination of execution.In the crime of cheating in organizational examination,organizational behavior includes initiation,employment,arrangement,planning and division of labor.In the broad sense of the examination process,the actor's cheating behavior prohibited by relevant laws and regulations can constitute this crime.The crime of helping the perpetrator to implement and provide cheating equipment to help the same vicious behavior,according to the penalty penalty punishment;The act of illegally selling or providing test questions or answers is based on the premise of "illegal",and the act of legally selling or providing is not a crime.the crime is committed for the purpose of illegally selling or providing the test questions and answers that are state secrets in nature and time-limited and authentic in form to the examinee for the purpose of cheating in the examination.The crime of taking the place of examination belongs to the crime of taking the place of others.Taking the place of others' examination performance is the impersonation of identity,and the practice of "letting others" should be identified as letting substitutes enter the examination room.The qualitative definition of the crime of cheating in examination is relatively clear,but the quantitative elements have not been unified either in judicial interpretation or in judicial practice,so it is of great significance to grasp the standard of criminalization for the determination of crime and non-crime,crime concurrence and law concurrence.In terms of the standard of admission of crime,the proviso should be included into the constitution of crime in accordance with the "qualification of admission of crime",and the standard of admission of crime should be determined according to the objective conditions such as the number of people,times,amount and whether the purpose has been achieved.On the issue of competition,due to various crimes in the judicial practice to change behavior cross,to those involved in the complication of identity,cheating means diversification,the nature of the questions and answers secret wait for a characteristic,form of cheating in the exam competition between internal each crime situation and cheating in the exam,crime and other crime phenomenon in need to the two cases were discussed.