On The Crime Of Organizing Examination And Cheating

With the increasing number of various types of examinations,exam cheating more and more,seriously undermining the credibility of the national examination system,undermining the fairness and justice of society,undermining the fair and equitable order of competition and the national expectations for the national examination system.The principle of good faith and social atmosphere has been seriously dampened,damaging the construction of social credit system.In view of the seriousness of its legal infringement,t is necessary to use criminal law for timely intervention and appropriate intervention.Therefore,the "Criminal Law Amendment(9)" set up organize cheating in the exam,to severely punish serious acts of cheating,it has important progressive significance.The full text is divided into seven chapters.The first chapter is the introduction,this paper introduces the research significance and background of the topic,research Status at Home and Abroad as well as the innovation of this article and the main research methods.The second chapter explores the basis of the crime of organizing cheating,mainly from the characteristics of corporate cheating,to organize the examination of the crime the necessity and feasibility of the three aspects of analysis.Necessity is mainly protected from legal interests,integrity mechanism,social order and other three levels of overview.The feasibility is mainly from the social and historical factors,in line with the existing legal system,foreign legislation enlightenment three levels of discussion.The third chapter through the introduction of Luo and others to organize the crime of crime typical cases.elaborating the main controversy in the crime of organizing exam fraud.The fourth chapter discusses the controversy about the objective aspect of crime in the crime of organizing exam fraud.Mainly from the "organization" of the definition,the definition of "the national examination of the law",the definition of "Cheating" and "serious",The objective aspects of the existence of the controversial issues in-depth analysis,according to the views of scholars,point out the views of this article.The fifth chapter analyzes the controversy about the crime form in the crime of organizing the examination cheating.Respectively,from the organization of the crime of fraud,attempts to prepare,suspend and suspend the existence of a number of disputes discussed.Detailing the perspectives of the scholar,and put forward this article on the organization of the crime of fraud.The implementation of organizational behavior and completed,then completing theimplementation of cheating,which constitutes the crime of organizing the crime of fraud.The sixth chapter explores the issue of common crime in the crime of organizing exam fraud.From the organization of the crime of combating the crime of the main elements of the crime,the definition of the common crime of organizing the examination and cheating crime and the cognizance of the common crime of the organization for examination.Emphasis on the relationship between the common crime of organizing fraud and the crime of organizing fraud.The seventh chapter is the reflection on the perfection of the crime of censorship in our country.Put forward the "legal examination of the national examination" and the organization of the crime of fraud and the establishment of the standard of judicial interpretation and the establishment of the crime to help organize the crime of fraud two aspects of the new measures.Finally,the conclusion of this paper is drawn.Through the analysis of the above controversial issues discussed,and obtained the administrative regulations and regulations formulated by the state organs enjoying the legislative power,and to carry out the organization to carry out the examination behavior and commissioned or authorized by the relevant functional departments specifically responsible for the implementation of the organization test behavior,in the absence of judicial resources to take into account the organization and the protection of the interests of the organization and implementation of the test behavior.it should be collectively referred to as the "national examination of the law" Organizing the crime of fraud is the implementation of the standard is the implementation of organizational behavior and completed,and to carry out cheatingthe success of the cheating is not discussed.It will help organize the examination of fraud as a new offense to be set up,it does not affect the existence of joint crime in the crime of organizing exam fraud,as long as the organizer exists two or more,and deliberately committing a crime.It is possible to set up an accomplice to organize the crime of fraud,there is no crime to help organize exam fraud,organizational examination cheating the crime of common crime will disappear.There are obvious shortcomings in the article,the theoretical point of view is simple,practical case data is not comprehensive,it don't cover all the issues covered.But I still hope to give the future judicial practice to promote and learn from the role,so that in the judicial practice and legislative interpretation to do their best efforts.