The Research On Criminal Law Regulation Problems Of Exam Cheating

As a main way of selecting the talents,the examination plays an important role in China society.With the development of the Times,cheating using high-technology happened time to time during all kinds of examinations,and cheating in examinations are almost existed in many national exams.The growing phenomenon of cheating in examinations,which will lead to a consequence not only for the loss of exam candidates and talent-users,but also a great harmful to the whole society and the atmosphere of harmonious.It has become a widespread concern in the issues discussed that how to effective regulate cheat on the exam to ensure that the examination of the fairness,impartiality,openness.There are no specific clauses in China penal law to regulate the cheating in exams before the Criminal Law Amendment No.9 comes out and only several accusations are indirectly related to it such as crime of illegally obtaining state secrets,illegal products and sales hacking camera,crime of fraud in recruiting civil servants and students.These kinds of crimes are having some weak points since the legislative intentions are different.The Criminal Law Amendment No.9 was officially released in 1st November,2015,and it regulated three kinds of crimes on the examinations.It set the crimes in exam cheating like organize the cheating behaviors,assist to organize the cheating behaviors and replace the candidates to cheat as the exam cheating crimes,which is significant.In the second part of this paper,it analyzes the constituent elements exam cheating crime,accomplice and accomplishment of crime problems.The establishment of the exam cheating crime does not mean the introduction of a legal system already has a complement regulation on examination cheating.From the result of regulatory examination cheating,there are still some problems and difficulties,such as National Examination limits prescribed by law.Examination regulation in China started late,we can learn some of the practices from foreign criminal regulation on exam cheating,which should also be based on China's specific national conditions.In order to perfect criminal regulation of cheating in exams,we must taking fully into account that setting a model that only penalties the person who take the test in place of others,and considering how to combine with the personal integrity of the system,to build a comprehensive regulatory system.Examination requires good environment order.Examination regulation is not only to maintain the examination order,but also for the rule of law society.This paper starts to researching the series of crimes in cheating clauses,finding some difficulties of criminals defamation laws based examination cheating,and hope to give some suggestions to perfect the regulation on exam cheating.