Judicial Application Of Organizing Examination For Cheating

As Dworkin said,"law is a practice of continuous improvement",which indicates that there were more or less deficiencies at the beginning of law.The same goes for organizing exam cheating.Although the Criminal Law Amendment(9)criminalizes examinations,its provisions are too vague and abstract,which makes it difficult to effectively regulate wrongdoing in practice.Based on this,the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Laws in Criminal Cases Concerning Cheating in Organizational Examinations was issued,which clarified the relatively vague concept.However,the "Interpretation" is only a part of refining and explaining the problems of cheating in organizing examinations at the current stage.There are still quite a few concepts that have not been clarified,resulting in difficulties in judicial application.Therefore,this article attempts to discuss the problems existing in the judicial application of the crime of organizing examination cheating from the perspective of practice,and proposes a scheme for the identification of related concepts.In addition to the introduction and conclusion,this article mainly includes three parts:The first chapter discusses the practical dilemma and the reasons for the judicial application of the crime of cheating in organizing examinations.Due to the lack of judicial interpretation and the uneven capacity of judicial staff,this crime has problems in practice where the boundary between crime and non-crime is not clear enough,and there are differences in the treatment of similar cases.The second chapter,starting from the constituent elements of the crime,first analyzes the "cheating","organizing" behavior and its manifestations in the objective aspect;secondly,both the "unit" and the "special" subject can constitute the criminal subject of the crime Explore;finally,analyze the subjective aspects of the crime,including direct intentional and indirect intentional.The third chapter is to identify the common crime of this crime,starting from the co-principal of organizing the examination cheating crime,and analyzing the special circumstances of the co-prisoner;then analyzing the helper of the cheating crime of organizing the examination,and demonstrating the help of the perpetrator to the crime Reasonable punishment.Aiming at the problems in the judicial application of the crime of cheating in organizational examinations,the author puts forward the following suggestions: First,a judicial interpretation of the crime of cheating in organizational examinations is introduced to make up for the loopholes in legislation and to elaborate the relatively abstract concepts.Secondly,issue guiding cases,through the guidance of specific cases and the exposition of exemplary cases,the standard of conviction and sentencing for the wrongful act of organizing examination cheating.Thirdly,improve the level of judicial staff’s handling of cases,and ensure that they can properly use judicial discretion to deal objectively and impartially with examination cheating cases.Finally,strengthen regional exchanges so as to form a relatively consistent understanding and application of this crime,and to avoid very different situations in the treatment of similar cases.