The Defects Of Criminal Regulation In Cheating In Exam And Legislation Perfection

As the important system of national talents selection, Exam plays a very important role in our country history for selecting talented person. But with the development of country, cheating phenomenon emerges in an endless stream in the national exam, which has great social harmfulness to the national examination system and examinee's interests. Aiming at the fiercer cheating in the exam phenomenon, there are two kinds of views: to deny regulating exam cheating with criminal law and to agree with regulating exam cheating with criminal law. from the exist systems influence to the people and the society, our country needed to regulating exam cheating with criminal law, this way in line with historical tradition of cheating in exams and the practice of other countries.From the existing situation , the existing crimes against cheating in the exam of our country criminal law, there have been several charges indirect and related cheat in the exam, such as: illegal obtain state secrets, intentionally disclose state secrets sin, illegal production, sales, secret photos equipment, but the purpose of the legislation sin are different , among these crimes to cheat in the exam there is no one sin have direct connection with the behavior of cheating in exam. and did not give the concept of exam, cheating in detail, those are with great flaws.According to criminal law exists of these problems, it is necessary to establish "cheating in exams sin" and the charges that the four elements: the state criminal object divine examination system, the state and public trust management of test system. Crime objective aspects of the behavior, and the list in detail for ordinary criminal principal subject, Configuration in the legal punishment, exam cheating against society, against the interests of candidates, and also derive a huge amount of illegal profits, so the provisions of the Criminal Code should be like: "cheating committed the crime, imprisonment, criminal detention Or control, and can be a single office or more than five times the illegal gains and impose a fine, serious cases, three to seven years in prison. State officials committed this crime to be severely punished. "...