Research On The Crime Of Organizing Cheating In Examinations

The crime of organizing exam cheating is a new offence under the Criminal Law Amendment(IX).Cheating on exams,especially in the national exams,will disrupt the national examination order,which is not conducive to the formation of a credible society,and is also very unfavorable for the healthy development of the individual’s body and mind.In the national examinations prescribed by Chinese law,the act of organizing cheating by others and providing cheating tools or other help for organizing cheating related actions for others is organizing cheating for exams.The cheating behavior of exams has been increasing year by year in recent years,mainly showing the following characteristics:(1)the increasing scale of cheating behaviors in organizing examinations;(2)the high-techization of organizing exam cheating tools;(3)cross-regional joint examinations Cheating is more prominent and frequent.It is of great significance to organize the cheating of cheating in exams,which is conducive to effectively curbing the harm of cheating;it is conducive to regulating cheating in exams;it is conducive to making up for the gaps and defects in the legal system of cheating in exams.There are still many problems in the practice of organizing cheating in exams in practice,the most important of which is the organization of the crime of cheating in exams.It mainly includes the object of crime,objective aspect,subject of crime,and subjective aspect.Criminal object is one of the necessary elements of crime.The criminal law theory community has different understandings of the criminal object of organizing cheating crimes.There are two kinds of viewpoints: one is a single object,and the social management order is the crime of organizing exams.The other object is a complex object.It is said that the behavior of organizing cheating in the test also violates two social relations: one is the order of examination management;the other is the principle of fairness and justice in the examination.The objective aspect of crime is an important basis for determining crime,and it is the external reaction of the crime committed by the actor.In the objective aspect,it mainly analyzes the organization behavior,analyzes other help behaviors,and defines the cheating of the exam.Discussed the recognition of the "severe circumstances" of organizing cheating crimes.The subject of this crime is the general subject,and both natural persons and units can constitute this crime.In the subjective aspect,it mainly studies the subjective crimes of organizing cheating crimes,namely intentionality and negligence,as well as the purpose of criminality and criminal motives.On the basis of clarifying the criminal constitution of organizing cheating crimes,the issue of judicial recognition of organizing cheating crimes is further discussed,which has great guiding significance for dealing with such behaviors in practice.In order to clarify the issue of responsibility,it is necessary to analyze the form of the accomplice of this crime.Secondly,because organizing cheating for exams is a new crime,criminal law theory has great controversy about its different forms of criminal cessation,and there is no unified standard.Therefore,it is necessary to discuss the squat form,the attempted form,the preparatory form and the suspended form.Finally,it is necessary to distinguish between the crimes of organizing exam cheating and related crimes,the most important of which is the boundary between illegal sale,provision of test questions,guilty of answers,crimes instead of examinations,and crimes of intentional disclosure of state secrets and illegal acquisition of state secrets.The penalties for this crime include personal and property punishment.Since this crime is a new offence under the Criminal Law Amendment(IX),the current application of the penalty for this crime is still not perfect.China’s legislation on organizing cheating crimes There are still many problems,mainly including the unclear scope of the examinations prescribed by law,the inappropriateness of the behaviors,and the irrationality of the punishments for the examinations.The punishment is not reasonable.In the face of this series of problems,it is necessary to clear The scope of the national examinations prescribed by law limits the scope of punishment for organizing cheating crimes,increases penalties,and increases the number of non-penalty measures for organizing cheating crimes to improve the legislation for organizing cheating crimes.