| There are definite rules about cheating in exams after the Criminal Law Amendment(nine)put into action.Some people hold agreement about it,but also some people thought that those rules are not reasonable,for example personator and candidate both punished based the same rules is too harsh.In addition,there are still in lack of more specific prescript judicial interpretation about convicted and punishment.So that people would misunderstand based on the Criminal Law Amendment(nine)as a standing point,this paper hope to support a cognizance of this crime in judicial practice and hope to provide theoretical basis by five chapter.Based on the application of law are different from place to place after the the Criminal Law Amendment(nine)putting into effect,the paper puts out some problems mainly exists in judicial practice.One is the related concepts of clause are not clear and causing the scope expanding;the other one is people holds opposite opinions about this clause.On this basis,the author analyzes the reasons why should punished this behavior by Criminal Law from social harmfulness and penalty.At the same time,searched outsides` experience on punished the cheating in exams from Taiwan,China and Canada and America,then concluded that cheating in exams should be punished by the Criminal Law adjusting the international community.Combining the theory of criminal law,outside experience and the specific clause,the author analyzes the conviction of cheating in exams through the applicable objects,the suitable main body and behavior types,and supporting that the provision of law of the state examination only refers to various state exams that promulgated by National People`s Congress and the standing committee of the National People`s Congress.Otherwise,the author analysis the penalty issues from completion of a crime,joint offense and the crime quantity state,in that there three particular charges included in the rule,and they have their respective punishment standard. |
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