Understanding And Application Of Law In Organizing Cheating In Examination

In recent years,college entrance examination,graduate entrance examination,the national civil service exam and other national examinationshave repeatedly exposed the "fraud gate",which has aroused great concern in society.The return of profits caused cheating activitiesareoften seen,and it isa growing trend.Then it seriously damage to the fairness of the examination,candidates violated other interests,is not conducive to social stability and undermined the construction of credit system.But in the past,the system of criminal law can not completely cover cheating in examinations.The past cases for such behavior punished crime of betraying state secrets.For the sale of cheating tools behavior punished illegal production and sale of special equipment espionage.In this context,our country increase organizational exam cheating crime by "Amendment to Criminal Law(nine)",and it for the organization of cheating in the exam preliminary solve the "law"problem.However,as a new crime,there are many disputes in the judicial practice.For example.First,the examination scope is not clear.According to the twenty-fifth rule of Amendment to Criminal Law(nine)",in the national examination stipulated by lawthe organization of cheating constitutes the crime of cheating in examinations.However,the national examination as prescribed by law did not specify,leading to no special legal basis for the University CET4?CET6 examinations and local organized civil service examinations ect.Whether it is included in the examination scope of this crime is controversial.Second,The standard of accomplishmentoffense is not clear.Although this crime is a behavior offense,for the standard of accomplishment of behavior crimeonly ask the organiger to carry out the organization behavior,or request the organizer to begin the practice of cheating at the same time,have not yet made a definite definition.Third,it hadn'tstipulate serious circumstances.There are many circumstances about this crime,mainly including the interests of the actor,involving the number of candidates,the disturbance of the examination order,the scale of social impact and so on.But there is no specific standard for considering theabove-mentioned plot and accurately judging the severity.In view of the above problems,the author takes Wu,Wang and Qu of Y City civil,who seek the personal gainin the 2016 national master's degree examination,as a script,put forward three countermeasures to deal with the above problems in judicial practice.Firstly,should strictly limit the scope of the State Examination prescribed by law above all.Secondly,starting from the legal interests protected by this crime,and accurately define the standard of accomplishment of the crime.Finally,solving how to overall consider the criminal circumstances involved in this crime,and accurately judge the case of " serious circumstances".Author hope to this paper will play a positive role in promoting and guiding the theoretical research and judicial practice of organizing cheating in examinations.