Cheating In The Exam Judicial Cognizance Of The Crime

Since November 1, 2015 formally implemented the amendment of the criminal law of the People’s Republic of China(9) will get their stead in the national examination of relevant provisions for criminal behavior. This article will discuss and related organizational behavior, is cheating on the exam to assist the behavior problem of criminal punishment.In addition to the introduction, the body of this paper is divided into four parts :The first part is the basic question about cheating on the exam. This paper introduced the origin of the examination system in our country, our country ancient and foreign penal punishment measures for cheating in the exam. And began to try to define "test", including the concept, forms and classification of exam, exam type complex in our country, the article lists the four major types of examinations, respectively analyzing the test characteristics and importance of clear which tests which belongs to the "law of the state examination"; On the concept of "law" and the "state examination" shall be defined, efforts to develop a scientific and reasonable standard.The second part mainly introduces organization crime of judicial cognizance question to cheat in exams. First analyze the intension and extension of the "organization", the comparison group cheating in the exam of sin "organization" behavior and the difference between the organizational behavior of joint crime. Again to define "cheating", put forward the punishment punishment for cheating should narrow interpretation in concept. Finally from the constitutive requirements of crime on the objective aspect of this crime is the focus of the content.The third part it is illegal to sell, provides the examination questions and answers and replace the judicial cognizance of sin. In the crime of illegal sale, provides the exam questions and answers, to define "questions and answers", namely must belong to the state examination questions and answers; This crime with intentionally comparative divulging state secrets, analysis of similarities and differences. In sin instead of examination, to "let others instead of yourself for the exam" carries on the analysis, put forward to make the design and the insufficiency, for "with crime and punishment" model proposed his own view.The fourth part is the other difficult problems of crime analysis to cheat in exams. This paper introduces the traditional criminal law regulation and law of conflict, now has the difficulty of charges to choose; To analyze the cognizance of "serious"; At the same time for a crime and crime and joint crime, special form is discussed.