Research On Organize Cheating In Exam

"The law" of "the national exam prescribed by law" shall include "the laws formulated by the National People's Congress and its Standing Committee,administrative regulations,and the rules,regulations,notices,etc.of the functional departments of the State Council".The national examination is a kind of administrative actions and organizer is administrative agencies or other organizations authorized by law.Cheating refers to the use of cheat means to participate in the exam.Carry of equipment and instead of exam are common cheating methods in 120 cases.At the same time,by referring to the legislation and practice of other countries,teachers changing the answer sheet and candidates taking Neuroenhancing Drugs can be deemed as cheating.Organize refers to planning,coordination,dominance,and arrangement and so on.There are fives ways in organizing cheating: sending answers,instead of exams,using cheating software,gesturing by the examination room staff,and pre-exam training.The organizer can be either multi-person or one person.The organizer can be the object of the organization at the same time,and the object of the organization should be three or more.Simply cheating without committing other organize behavior or assessing behavior shall not be considered a crime.If the plot of crime is obviously minor and the harm done is not serious,the act shall not be considered a crime.It can be comprehensively judged from how the criminal intent emerge,the effect of the action,the strictness of the organization,and whether the consequences of the crime are serious or not.Whether exam questions and answers are a state secret does not affect the determination of the crime.Actors who sale,provide question and answers but did not implement the activities of organize or other assist organizing,both violate this crime and the crime of illegal sale,provide questions and answers.It is more appropriate to regard as the principal offender of the crime of illegal sale,provide questions and answers.Actors who organize one or two candidates instead of exam are considered as complicity in this crime.The organization cheating in exam is process offense in behavioral offense.There is attempted crime.The actors has already completed most of the acts of organizing cheating,executing this crime;the wrongful result of cheating is realized,accomplished of this crime.Depending on the organize cheating method,there are two kinds of criterion to judge the wrongful result of cheating : when the candidates receive the answer and start answering in sending answers and gesturing by the examination room staff,when candidates start answering in other three kinds of organizing cheating method.Sentencing of organizing cheating in exam exist the problem of light sentencing,such as short imprisonment for fixed-term imprisonment,higher application rates for probation.Failure to make provision for serious plot is the main reason for this problem.According to the plots that have emerged in the cases reflecting the seriousness of the crime and the actor's likelihood of re-offending,it refers to the criteria for determining serious plot.It included organize more than 10 persons,obtain more than 200,000 RMB of illegal income,organize cheating more than three times,the chief element.Article 284 paragraph 2 is the sentencing rule for the accessory.The establishment of the accessory is still based on the premise of principal offender committing an illegal act that meets the constitutive requirements.Therefore,the act of assistance should be distinguished from the act of principle offender.If the act of assistance is a act of principal of other crimes,paragraph 2 is no longer applicable.Other kinds of assistance act include introducing candidates or other actors,providing transportation or crime sites,maintaining cheat equipment,venting behavior,etc.