| In recent years,it always happens incidents referred Cheating in exams in our county, and it trends to happen again and again in the future. In order to prevent cheating, our country already has added the Article 418 to Criminal Law of the People's Republic of China in 1997.It reads :the person who cheating in the recruitment of civil servants and students' entrance examinations will be punished. However, almost twenty years later,the phenomenon on cheating in exams is still exist an becoming harder?In my opinion, on one hand, there is a small amount of limitations related to the charge itself, On the other hand,the future and destiny of the kids,the interests and expectations of the parents,Reputation and educational scales of schools and teachers,authorities and local government performance, etc., all are involved to the exams. According to this, some people find the way to make easy money, they ignore the law, the moral principles, the only goal is to get money. This phenomenon not only endangers the national examination system and personnel training and selection mechanism, but also disrupts the normal social order and social fairness. In order to punish the examination fraud more effectively, and maintain the national examination system and social fairness.Therefore, almost everyone in our country not only hope but also agree to punish the liars and the people who help them on purposed with the criminal law.This is the context Article 284 A of the Criminal Law of the People's Republic of China. In order to punish exam fraud more effectively and safeguard national examination system and social justice,the Amendment(IX) to the Criminal Law of the People's Republic of China including the Article 284A( Article 25 of the Amendment(IX) to the Criminal Law of the People's Republic of China is added after Article 284 as Article 284A), as adopted at the 16 th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on August 29, 2015, is hereby issued, and shall come into force on November 1, 2015.In addition, Article 284 A of the Criminal Law of the People's Republic of China certainly is a development from the subject and scope of application after our country already has added the Article418 of the People's Republic of China?the person who cheating in the recruitment of civil servants and students' entrance examinations will be punished?to the Criminal Law of the People's Republic of China in 1997 for the first time.However, we should also see that the amendment which also exists some shortcomings and a little regret, for example, the exact scope of "national examination law" remains unclear, etc. In this regard, we should actively take corresponding measures,for example, to clarify the specific scope of the "national examination law" as soon as possible. Because only in this way Article 284 A of the Criminal Law of the People's Republic of China could be better to promote the governance process of examination fraud, and provide better judicial practice reliable legal rules, response to the legislation requests from the Eighteenth National People's Congress, improve the quality of legislation,and improve the socialist legal system with Chinese characteristics,help to build a socialist country ruled by Law but having Chinese characteristics.Therefore, this article will be divided into three parts :The first part will sketches the incrimination of Cheating on exams.Say concretely,this part of the thesis will mainly talk about the the social background, the necessity,the feasibility of implementation and the four aspects of its features and significance of Article 284 A of the Criminal Law of the People's Republic of China;The second part will include two points : to introduce the understanding and application of Article 284 A of the Criminal Law of the People's Republic of China in full details. It is planned to introduce from the concept, features, boundary, penalties and other charges which the angle of a detailed analysis of three laws respectively, that organization of the examination cheating, illegal sale, provide the questions, answers crime, instead examination sin, and to talk about some controversial legal problems for each specific charges.In the last part, it will discuss this amendment's faultiness and put forward some possibility of suggestions.It will Mainly talk about the problem on the scope of "legal provisions of the national examination " and the amount of fine penalty analysis.Cheating forms and occur frequently, seriously endanger the national examination system, impact the training and selection of new talent mechanism, in the case of moral constraints, it is feasible to incriminate the Cheating on exams. Article 284 A of the Criminal Law of the People's Republic of China will undoubtedly help to effectively punish exam fraud, safeguard national examination system and social justice. |
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