Study On The Criminal Legislation Of Cheating Behavior In Examination

China is a big country of examination,examination by national selection of outstanding talent mode in our country,long-standing,examination is an important channel for most people to realize their dreams and life changing,is directly related to the individual's survival and future development.The pursuit of fairness and justice,but in recent years,the field of justice has been facing various challenges.Cheating in exams is becoming more and more serious,which has seriously damaged the management order of the examination organization and violated the rights of others to participate in the examination.Before the enactment of the criminal law amendment nine,cheating in examinations in our country is generally regarded as illegal,and the punishment means is mainly administrative punishment,supplemented by criticism and education.However,the current situation of high incidence of cheating in the exam,the effect of administrative punishment is not obvious,relatively weak deterrent.In order to curb the deterioration of this phenomenon,the state legislators will cheating formally incorporated into the criminal law category,"criminal law amendment nine" with China's current criminal policy and criminal judicial practice,according to the current serious problems of social existence,especially in the field of criminal justice blank,issued a series of charges the regulation of cheating on exams.The newly added charges include the crime of organizing cheating on exams,the illegal sale,the provision of test questions,the answer to the crime and the crime of taking the place of examination.This paper is divided into four parts.The first part introduces the theoretical research on the criminal law of test cheating,and makes a more accurate definition of the scope of "examination" and "cheating",and then analyzes the cheating from three aspects The development of the behavior of the examination cheating behavior,the practice of cheating behavior shows the industrialization,group,high-tech development trend,the current social harm is increasing;then from five aspects focused on the examination The harm of cheating behavior;from the administrative penalty effect,the current administrative punishment effect is not obvious,deterrentforce is weak,only the use of penalties to be dealt with in order to achieve the purpose of punishment and crime prevention.Finally,from three aspects of China's criminal law regulation of the theoretical basis for cheating a detailed analysis.The second part mainly introduces the domestic and international regulation of cheating behavior of the status quo.First of all,it introduces the current situation of cheating behavior in China's criminal law,that is,the specific provisions of the crime of organizing exam fraud,illegally providing,selling questions,answering the crime and replacing the examination.Secondly,it introduces the specific provisions on the cheating behavior of examinations abroad and the handling methods of cheating on foreign affairs.The third part first analyzes the crime of organizing exam fraud,illegally providing,selling questions,answering the crime and replacing the crime of crime.Secondly,it analyzes the distinction between the crime of organizing censure and other charges,the distinction between illegally providing,selling questions,answering the crime and other charges,and substituting the distinction between the examination crime and other charges.Finally,the author analyzes the crime of organizing exam fraud,illegally providing,selling questions,answering the crime and replacing the crime of crime.The fourth part mainly analyzes the present situation of the current practice of cheating on the examination and the problems in the practice,which leads to the shortcomings of the current criminal law cheating in China.Finally,the author puts forward his own suggestions for the related problems reference comments.