The Rearch On Judicial Application Of Organized Cheating Crime In Exams

The crime of organized cheating in exams has been added to the Criminal Law Amendment(ix),which fills a gap at the legislative level.However,cases of organized cheating in exams have been on the rise as cheating methods have become more diversified and technology-assisted,whichin turn have aroused many controversial issues in their judicial applications.“Interpretationsof the Supreme People's Court,the Supreme People's Procuratorate on Judicial Applications of Criminal Cases Including Organized Cheating in Exams”(hereinafter referred to as the "Judicial Interpretation")was released on September 2,2019,which has solved controversies over some judicial applications,clarifying the scope of “national examinations by law' and the specific content of “serious circumstances”.However,some urgent problems are not covered yet,including the identification of organizational behavior,cheating behavior and uncompleted cheating which affects the practice of judicial application.Therefore,it's of great significance to carry out such a study.This paper focuses on the controversial issues in the judicial cognizance of organized cheating crime in exams,with main body being divided into four parts apart from the preface and conclusion.The first part introduces the development of organized cheating in exams,relevant legislations home and abroad,and displays with charts the current situation and future development of judicial application of organized cheating crime in exams.The second part illustrates organizational behavior,helping behavior and cheating behavior of the crime respectively,and explained the necessity of criminalizing helping behavior which is consistent with the general developing trend of criminal law because of its preventive role and reasonable evaluation.The third part makes an in-depth analysis of termination of this crime by commenting on provisions from “Judicial Interpretation' on the completion of this crime andadopting the objective theory of formon the judgement on "starting",and making distinction between crime preparation and attempt.Starts from the analysis of the relationship between this crime and crime of substitute examination,the relationship between this crime and illegal selling,providing test questions and answers,illegal selling of special equipment for stealing photos,the fourth part clarifies and identifies imaginative concurrence relationshipand implicated relationship.