Instead Of Studying The Problem Of Examination Crime Morphology

In recent years,more and more cheating in examinations has appeared in people's lives,such as various skills,titles,talent selection examinations and so on.There are various ways and means of cheating in examinations,among which the behavior of letting others take part in examinations instead of themselves and the behavior of taking part in examinations instead of others are becoming more and more common.Cheating in examinations is becoming more and more technical,especially in those examinations which have a far-reaching impact on the development and unity of the country and the nation.Cheating in examinations not only seriously damages the normal national examination management system and examination order,but also causes serious damage and impact on the good social environment.Cheating in examinations,especially substitution,makes many candidates lose fair and fair competition opportunities in examinations.The people sincerely believe in the fairness and fairness of the national normal examination system.For those candidates who consciously abide by the national examination system according to law,their legitimate rights and interests are infringed by the cheaters.Their legitimate rights and interests can not be protected by law.Many candidates who abide by the examination system will have dissatisfaction,which will bring bad social and national stability and development.Impact.Examinations play an important role in national development and social progress.Normal examination system is conducive to maintaining national stability and long-term stability,and better promoting social,economic and cultural development.From a formal point of view,the examination system can protect all candidates to participate in all kinds of examinations with the same opportunity,in order to obtain good education,to participate in all kinds of occupations,to participate in all kinds of job competition fairly and fairly.To a certain extent,it can enable candidates to achieve their own goals and pursuits in life,thus fulfilling their mission.In our country,the sanction means of criminal law are the most stringent in all the sanction norms.Therefore,criminal law has very important significance in guaranteeing people's freedom,human rights and legal property.When the Ninth Amendment to theCriminal Law was not promulgated,many experts and scholars in the field of criminal law had different opinions on cheating in examinations.In judicial practice,various punishments for cheating in examinations are not uncommon.However,in the actual operation process,considering the different nature of specific cases,the basis of conviction and sentencing is also different.Therefore,specific research and analysis should be carried out.For this reason,the Criminal Law Amendment(9)stipulates such acts as several different crimes,which will replace the examination acts.As a kind of crime,that is to say,to replace the crime of examination,it is necessary and feasible for the criminal law to regulate the cheating in examination,especially the act of substituting for examination.As a new crime,the crime of substitution for examination has some problems in the theoretical circle of criminal law and judicial practice.This article mainly discusses the crime of substitution for examination from the following aspects.In the first part,starting with the definition of the concept,constituent elements and related concepts of the crime of replacing examination,the next step of further discussion and research can be better carried out only after the clarity of the elaboration.In the second part,aiming at the problems in the identification of the crime of substituting for examination,the author makes a detailed discussion from the aspects of the stopping form,the accomplice form and the number of crimes of the crime of substituting for examination,mainly discussing the stopping form and the accomplice form of the crime of substituting for examination.The third part,through the research and analysis of the related problems in the second part,and combining with the case analysis,puts forward some personal suggestions on perfecting the crime of substituting for examination.Through the study of the crime,I hope to provide some reference for dealing with the cheating in examination,especially the crime of substituting for examination in our country.