Research On The Criminal Law Regulation Model Of Cheating In Examinations In China

Since ancient times,the examination system has been the most important talent selection and ability evaluation mechanism in China,and its importance is self-evident.However,in recent years,due to the increasingly fierce social competition and the rapid development of science and technology,cheating in examinations has become increasingly rampant.In view of this,the Criminal Law Amendment(9)adopted by the Standing Committee of the Twelfth National People's Congress at its 16 th meeting has created a criminal law regulation model of cheating in examinations based on "substituting for examinations as the bottom line of criminal law intervention",and has formally incorporated cheating in examinations into the criminal law's combat radius in legislation.However,as the crime of cheating in examinations is still a new crime,there are still many problems in the specific judicial application.In addition,the debate on whether cheating in exams should be punished has always existed in the academic circles.Therefore,in order to solve the above problems,this paper intends to demonstrate from four parts.The first part is the introduction,which mainly elaborates the purpose,significance and path of the research.In the second part,the article first defines the relevant concepts of the crime of cheating in examinations,such as what is "law" and "national examination".Secondly,the article will make a thorough analysis of the rationality of the criminal law regulation mode of cheating in examinations with "substituting for the examination act as the bottom line of criminal law intervention" from the aspects of the legal interests of the crime of cheating in examinations and the background of being sentenced.The chapter will also introduce the current situation of criminal law regulation on cheating in examinations in Britain,Germany and Taiwan,and finally draw a conclusion that it is reasonable for China to criminalize cheating in examinations in legislation.The third part is the specific interpretation of the crime of cheating in examinations.The crime of organizing examination cheating will be interpreted from five aspects: the determination of organizing behavior,the determination of knowing content,the accomplished standard of organizing examination cheating crime,the determination of serious circumstances and the sentencing stipulation of assistant offender in article 284,paragraph 2.Illegal sale,offering examination questions and answers will be carried out on the basis of determining that the crime belongs to the purpose offender.Its specific types are identified;the determination of questions and answers should have "confidentiality",and on the basis of the analysis of Li Moujia's illegal sale and the provision of answers to questions,the deduction of questions and answers should also have "authenticity";the determination of sale refers to the paid provision.Providing refers to the behavior of all those who do not have the right to know the questions and answers that are still in the period of confidentiality;finally,the crime and non-crime of "detaining questions" will be clarified;the crime of substituting for examination belongs to the opposite offender,and is the same offender among the opposite offenders;in the aspect of the objective elements of substituting for the crime of examination,the article will determine that "taking part in the examination instead of others" means the act.The act of using the identity information of the examinee instead of the examinee who should have taken the examination to take the national examination prescribed by law is what we usually call the "gunman" act."Let others take the exam instead of themselves" means that the examinee instigates,agrees or even acquiesces that anyone except himself will take the national exam by using his own identity information instead of himself.At the end of this part,the article will make a thorough analysis of the number of crimes of cheating in the exam on the basis of the specific interpretation of the above-mentioned cheating crime.Analysis.The fourth part will comprehensively elaborate the full text,and put forward relevant suggestions on the current criminal law regulation of cheating in examinations in China,so that the criminal law regulation model of cheating in examinations with "substitution behavior as the bottom line of criminal law intervention" can more rationally regulate the crime of cheating in examinations.