A Study On The Difficult Problems Of The Cri-Me Of Organizing Chearing In Examinations

Examination is a strict method of knowledge level identification,and an important way for students to go to school,take office and recruit.The fairness and jstice of examination is very important,which is relatedto social integrity and soial atmosphere.In recent years,with the increasing importance of the examination and the development of science and technology,a series of industrial chains with clear division of labor and close cooperation have emerged.In order to punsh the crime cheating in the examination and make the examination carried out in a fair and good environment,the 16th session of the Standing Committee of the 12th National People's Congress passed the amndment to the criminal law(IX)in 2015,adding a new charge,namely,the crime of organizing cheating in the examination,in Article 25 of the amendment,clarifying the punishment of organizing chrating in the examaination,which is a powerful blow to the crime of organizing cheating in the examination.After the addition of the crime of organizing examination cheting,there are still some dusputes in the practical and academic circles about the details of the crime of organizing examination cheating,such as the scope of application,sentencing standards and so on.In order to solve the focus of these disputes and make the crime of organizing examination cheating more accurate in practice,the Supreme Court and the Supreme Procuratorate issued the "on handling the organizational examination" in September 2019 The interprtation of several problems in the application of law in criminal cases,such as trial cheating,further clarifies connotation and extension of "national examination prescribed by law",how to determine the seriousness of the circumstances,and how to organize the rules for the number of crimes such as the crime of cheating in examinations,etc.,so as to provide a dearer explanation for the practical handling of Cases.This paper is divided into the following four parts to analyze the difficult problems of the crime of organizing examination cheating:the first part is to analyze the socpe of the national examination stiplated by law.The interpretation further defines the scope of "national examination regulated by law" to make the scope more clear.However,in judicial practice,we should also combine the provisions of criminal law and judicial interpretation with specific circumstances,pay attention to the connotation and extension of the scope of the elements of "national examination regulated by law".According to the relevant changes and adjustments of law,the scope of "national examination regulated by law" should be further defined Make timely adjustments.The second part of the interpretation of the provisions of the serious circumstances,combined with the practice of the organization of the crime of cheating in the examination,the author thinks that there are two cases as serious circumstances of the organization of the crime of cheating in the examination is not appropriate.The third part is about the discussion of the crime of organizing cheating in examinations.Compared with the standards of the completion of organizational behavior and the completion of cheating,the standards of the completion of organizational behavior and the implementation of organized behavior are more accurate.The fourth part is about the help behavior of the crime of organizing examination cheating.The understanding of the second paragraph of article 284-1 of the criminal law is still controversial in the academic circles.There are mainly two views.This paper holds that the crime of helping organize examination cheating should be established.