Criminal Dogmatism Analysis Of Organizing Cheating In Examinations

In recent years,many cases of cheating in exams have been exposed to the media,which has attracted public attention.The organization of cheating in the exam will directly challenge the fairness,impartiality and authority of the exam,thus the exam will lose its function of selection.Besides,it will impact the examination order and destroy the honest and trustworthy examination atmosphere,which is not conducive to the social integrity.Due to the frequent incidents of cheating in the organization examination,the harm and influence are increasingly prominent.On August 29 th,2015,Criminal Law Amendment 9 was put forward,which had included the cheating or providing help for cheating in exams into the Amendment,which has made up for the administrative regulations and department rules on cheating in exams,so as to ensure the realization of the function of the exams,and play the role of general prevention of Criminal Law.This paper analyzes the constitutive elements of the crime of organizing cheating in exams by combining the general theory and judicial interpretation.The object of this crime is a typical complex object,including the state's management of social order and the fairness of the exam.The objective aspect of this crime is manifested in two situations: one is to organize cheating in the exam stipulated by law,and the other is to provide cheating equipment and other help for the above situation.The examination that law sets basically refers to the law that National People's Congress and its standing committee make.Organizing cheating refers to help others cheat in the exam through all sorts of illegal means.This crime legal punishment rises according to its seriousness.The subject of this crime only includes the subject of natural person,but the unit cannot be regarded as the subject of this crime.The subjective aspect of this crime is intentional crime.Both direct intention and indirect intention can constitute this crime,because most of the people carry out this crime for the subjective purpose of pursuing illegal interests,so negligence does not belong to the subjective aspect of this crime.The special form of the crime of cheating in the organization examination includes three aspects: stop form,joint crime form and crime number form.The stopped form of this crime includes the finished form and the unfinished form.On the basis of clarifying the criteria for the accomplishment of the crime,the finished form of the crime can be divided according to the preparatory stage or implementation stage of the crime,as well as the subjective factors of the actor and a series of objective factors.The cognizance of the joint crime of this crime should take the position and function of the pedestrian in the joint crime as the measuring condition."Other help" refers to the support for the behavior of the criminal organization,making it easier for the principal offender to commit the crime.It includes physical and mental aspects.The second paragraph of article 284 of the Criminal Law reflects that "helping criminals to commit crimes" is in line with the Criminal Law and the current reality.In addition,it is necessary to solve the problem of the number of crimes and forms of the crime of cheating in the organizational examination.Specific distinctions can be made according to the number of specific crimes committed and the difference of infringement of legal interests.The focus is to clarify the relationship between the relevant crimes and the crimes of cheating in exams such as coincidence,involvement and the combination of several crimes,so as to distinguish this crime from that crime properly.