Typical Cases of Organizing Exam Cheating Crimes Punished in accordance with the Law of the Supreme People's Republic of China
2024-06-06
The national college entrance examination is approaching, and the Supreme People's Court has selected and released five typical cases of organized cheating and other crimes that have taken effect in recent years, in order to further clarify the judgment standards, promote socialist core values, and maintain a fair competition, honest and trustworthy examination environment. In recent years, driven by economic interests and with the rapid development of wireless communication technology, the degree of organization and organization of exam cheating crimes has been increasing. Cheating in exams has gradually formed a chain of interests where various illegal and criminal activities are interdependent and closely divided. This seriously damages social integrity and fairness and justice, and must be punished in accordance with the law. Those with serious circumstances, serious consequences, or adverse social impacts should be severely punished in accordance with the law. Since the implementation of Amendment 9 to the Criminal Law, as of April 30, 2024, the people's courts have concluded a total of 4007 cases of organized exam cheating, illegal sale and provision of exam questions and answers, and substitution of exam crimes, sentencing 11146 criminals. The chaos of organized exam cheating has been somewhat curbed, and the national exam order stipulated by law has significantly improved. In order to further play the role of rule guidance and value orientation in judicial adjudication, the Supreme Court today released typical cases of organized exam cheating and other crimes that have taken effect in recent years, requiring people's courts to pay attention to the following three points in the process of handling such cases - first, highlight the key points of strict punishment in accordance with the law. For those who organize cheating in national exams such as regular higher education enrollment exams, graduate enrollment exams, and civil service recruitment exams, as well as invigilators, education and training personnel who organize cheating (such as the first and second cases released this time), organize multiple candidates to cheat across provinces (such as the second, third, and fifth cases), organize cheating multiple times (such as the fourth and fifth cases), and obtain huge amounts of illegal gains (such as the fourth and fifth cases), especially for those who organize cheating in exams, "ghosts" who steal questions before exams, and repeat offenders who organize cheating multiple times, they will be strictly punished in accordance with the law. The second is to punish the entire chain in accordance with the law. Many organizations have gradually formed a criminal chain of clear division of labor and close cooperation in cheating during exams. Some people in the upstream illegally obtain test questions, while in the midstream, there are dedicated personnel responsible for purchasing or producing cheating equipment, recruiting cheating "students", and downstream, there are professional "gunmen" responsible for answering questions. On the basis of accurately identifying the different stages and behaviors in which each defendant participated, the people's court shall impose their respective criminal responsibilities in accordance with the law. It should be noted that organizing cheating and other behaviors in exams other than national exams as stipulated by law is not always exempt from criminal responsibility. For other crimes such as the crime of illegally obtaining state secrets, the crime of illegally using specialized equipment for eavesdropping and stealing photos, the crime of illegally utilizing information networks, and the crime of disrupting the order of radio communication management, criminal responsibility should also be pursued in accordance with the law. In addition to convicting and sentencing the defendant, the people's court may also, based on the circumstances of the crime and the need to prevent recidivism, declare occupational prohibitions or prohibitions in accordance with the law (as in case three). The third is to actively promote source governance. Some local people's courts are actively performing their duties in accordance with the law. Through individual cases or similar cases, they have found prominent problems such as disorderly examination and training, incomplete internal control mechanisms, and lack of administrative penalties. They have sent judicial suggestions to the education and civil service examination authorities (such as Case 5) to promote standardized management of examination and training, improve industry access systems and internal control mechanisms, clean up illegal and irregular institutions, upgrade intelligent security measures, and strengthen punishment for cheating and violations. Many places strengthen legal education by organizing school students to attend court hearings and promote typical cases through case studies. This not only effectively deters criminals and cheating candidates, but also reminds students and parents to firmly establish a sense of integrity, consciously resist cheating in exams, and reduce the occurrence of such crimes from the source. Next, the people's court will adhere to the criminal policy of combining leniency and severity, punish criminal activities such as organizing exams and cheating in accordance with the law, maintain a fair examination order, promote a culture of integrity in society, and help create a clean and upright examination environment. (Lai Xin She)
Edit：Liling Responsible editor：Jia Jia
Source：http://rmfyb.chinacourt.org
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