Study On The Judicial Application Of The Crime Of Organizing Cheating In Examinations

The examination system has been the main way for talent selection in China since ancient times.It still plays an irreplaceable role,especially for some national examinations with a large number of applicants and a wide range of influences.It should also reflect the social atmosphere of fair competition for talents.However,in this process,the phenomenon of illegal crimes is also derived.In order to obtain illegal interests,criminals organize cheating in the examinations.This infringes the right to exam management and the fair participation of other candidates in the examination,hinders fair competition,and maintains society.Integrity,punish the act of dishonesty and breach of trust according to law,and the criminal law incorporates this behavior into the scope of its regulation.The criminal law stipulates that cheating in the national examinations prescribed by law constitutes an offence of organizing cheating in examinations.However,its application in judicial practice is still quite confusing.For example,the definition of the concept of "national examinations prescribed by law" is unclear,and the standard of sentencing is vague,and further research is needed.In this paper,the paper discusses the problems encountered in the judicial practice of organizing cheating crimes,and adopts the method of empirical research.Through the statistical judgment papers online-20 cases of organizing cheating crimes in 2016-2018 and analyzes them to find out their existence.Specific problems,combined with theoretical knowledge and practical experience to find countermeasures.Firstly,it studies the reasons and benefits of the narrow legal law in the "legal provisions" of organizing cheating in exams.Only when the National People's Congress and its Standing Committee have enacted the national examinations prescribed by law,can they be held criminally liable.Secondly,it summarizes and summarizes the ways and characteristics of organizing cheating behaviors and helping behaviors in the case,and further defines these two behaviors.Finally,according to the statistical classification of case data,it is found that the sentencing of organizing cheating crimes shows certain characteristics,such as the high rate of probation and the low overall penalty,and puts forward some suggestions onorganizing the crime of cheating in exams.Through the analysis and combing of the above-mentioned crimes of cheating in exams,it is expected that it can be better applied in judicial practice,effectively cracking down on exam cheating activities,and exerting the leading and promoting role of criminal law in regulating social life.