Research Of The Crime Of Instead Of The Exam

From the beginning of the imperial examination system,the examination has become a fairer way of talent selection and has been widely recognized and accepted by the public.The act of undermining the examination order not only hinders fair competition but also affects social integrity.The series of illegal criminal acts induced by it have great social harm.At present,there are many examination items.With the advancement of science and technology,the cheating behavior of examinations has gradually become commercial,infringing on the state's order of management of examinations and the right of others to participate in examinations fairly.In August2015,the “Criminal Law Amendment(IX)” added a new test for cheating on Article25,and in the following,it will be deemed as an independent crime to further standardize the examination behavior.The emergence of the test for substitution of the test shows that the state has severely attacked the cheating in examinations,but the judicial interpretation of the crime has led to the emergence of various problems in the application of justice.This article discusses and studies the issues related to the substitution of test crimes from the perspective of positivism.Specifically,this article is divided into four parts:Chapter?: To replace the basic structure of the test.This article considers the definition of the alternative to the crime of examination as its own definition,and then discusses in detail the four constituent elements of the crime's objective elements,objective aspects,subject requirements,and subjective aspects,and has a clear understanding of the crime.The study laid the foundation.Chapter?: A sample analysis to replace the judicial status quo of examinations.The author combs the referee documents on the Chinese referees' documents online,randomly selects 120 of them as samples and compares their contents.This article summarizes the types of examinations,the forms of crimes,the subjects of the crimes,and the circumstances of sentencing in lieu of examinations,and presents problems inthe form of data in place of test crimes,providing support for the writing of this article.Chapter?: The question of replacing the crime of examination.Combining the analysis of the previous data,four conclusions have been drawn and corresponding analysis has been conducted.First,the scope of the national examination prescribed by law is not clear.The academic community understands differently what is meant by the “state examination prescribed by law”.Second,there is a disagreement between the determination of the cessation of crimes and the definition of the guilty of crimes that replace the test guilty and the definition of the attempted crime.Third,the types of criminal subjects are not differentiated,including the distinction between the test taker and the candidate,the general test taker and the professional test taker.Fourth,the lack of penalties and the arbitrary nature of the application.The lack of completeness of the penalty allocation,the randomness of the application of the penalty,and the penalties of the criminal policy of the leniency and strictness.Chapter?: The perfect proposal for replacing the test.First,rigorously replacing the scope of examinations for test crimes,standardizing the "state examinations prescribed by law" in judicial interpretations and concretizing the scope of examinations.Second,it will definitely replace the form of stopping the test.The crime preparation uses the “arrival to the examination room” as the identification node,that is,from the preparation of tools and manufacturing conditions to the arrival of the examination room.The failure to identify the main "into the examination room" as a node,that is,from the start of the test for the identity of the candidate to enter the examination room waiting for the beginning of the examination process because of the reasons other than the will not succeed.The identification of the existing cricket should be based on the "examination of the exam or basic information." Third,it is recommended that the sentence of the principal punishment be increased and additional qualifications be imposed.It is suggested that the principal punishment be increased to “three years imprisonment below” and additional qualifications be imposed.The deprivation of the qualifications of the substitute testers shall be prohibited and they shall be prohibited from participating in the same examination ora lifelong forbidden examination within a specified period of time.Fourth,sentence the corresponding penalty according to the type of the subject of the act.That is,different types of penalties are imposed on professional candidates,general test takers,and candidates.