Substitute For Examination Crime Criminal Legislation Reflection

Examination has been an important means for the country to select outstanding talents since ancient times.It is also an important channel for examine of cold window for ten years to change their destiny through fair competition.It is also an important channel for realizing social fairness and justice,maintaining social stability and stimulating social vitality.This cheating behavior not only destroys the fair competition mechanism between candidates,but also damages the national management order.As the most severe means of sanction,criminal law plays the most important role in guaranteeing social order,civil liberties and legitimate rights and interests.In 2015,the Criminal Law Amendment(IX)included the act of taking the place of examination into the adjustment scope of the Criminal Law,and added the crime of taking the place of examination.The judicial interpretation issued in 2019 has responded to the most controversial issues in the theoretical and judicial practice circles in the application of the crime of substituted examination.However,through the analysis of 596 judicial cases of the crime in place of examination,the author finds that the crime in place of examination is still controversial in terms of the type of examination,the definition of the subject in place of examination and the penalty measures,and the crime in place of examination needs to be further clarified.The paper start from the root causes of dispute,instead of exam crime criminal activity legislation,from the aspects of form and substance evaluation test types,difference evaluation to replace the main body,and put forward the perfect crime legislation suggestion instead of exam,in order to replace exam sin,give some reference to the judicial practice implementation instead of exam the legislative purpose of sin.Finally,effective governance instead of examination behavior,maintain the competition order of national examination,promote the fairness and justice of examination,so that all kinds of talents can realize their own value through the way of examination,and finally realize the prosperity of social talent flow.