Tao Hang knows word: "Say bully kisses division, say self-deceiving, say violate school rule, say disgrace polity, say kill descendants: The evil heart of exam fraud also " . To safeguard the exam environment of fair competition, punish lawfully undeserved " aid one's deceased father " behavior, criminal law amendment (9) added an organization to take an exam cogged blame, sell illegally, offer examination questions, solution blame and replace exam blame.
In cognizance criminal law the organization of one of the 284th regulations takes an exam cogged blame, in replacing exam blame " the country that law rules takes an exam " when, want strict limit " law " limits, be confined to the legislation that countrywide National People's Congress and its standing committee enact, and to " law sets " particular kind, include law to stipulate with law accredit sets directly.
In the season of the university entrance exam this year, inquisitor organizes an exam with the person such as Zhang Jia the person such as cogged case, Zhang Yi replaces exam case to be exemple, the national exam that analyses regulation of specific legislation accredit is belonged to " the country that law rules takes an exam " .
Case one: By 2015, plot beforehand of Zhang Jia of the accused person, Chen Mou, Bao Mou is in technology of major of accounting of 2016 year whole nation organizes examinee in intermediate qualification exam cogged, seek profit from which. 3 people recruit examinee to sign up after, unified make choice of checks a place, prepare cogged tool and groom examinee is used. On September 10, 2016 morning, chen Mou incites other to enter Yang Pu area, green riverside area to wait check a place, use the cogged equipment that carries to film examination paper conveys video to outside field. Chen Mou arranges the person such as Fu Mou (all be in additionally) use computer to pursue afore-mentioned video cut, make examination paper the personnel that organizes by its and Zhang Jia have answering question. After fashioning the solution, zhang Jia transmits the answer the Bao Mou that waits to take an examination of bit of periphery in Chong Ming Ou Mou, the person repass such as Bao Mou is cogged equipment conveys examinee. During, personnel of take an examination ofing of make one's rounds hunts down the examinee that uses cogged equipment to receive the result more than 60. Procuratorate of Chong Ming area takes an exam with the organization to 3 people cogged blame to sue, court of Chong Ming district adopts accusation opinion, with organizing an exam cogged blame sentences 3 people one year 6 months reach the set term of imprisonment one year 4 months differ, punish golden RMB 20 thousand yuan differ to 16 thousand yuan. Court decision already become effective.
Case 2: On October 28, 2016, some contacts the accused forces Zhang Yi of the accused person, ask Zhang Yi replaces him to attend recruit students of Shanghai adult college united culture to take an exam 2016, zhang Yi expresses to agree. Morrow in the morning, zhang Yi holds Ma Mou Id, standard textual criticism to attend Chinese course to take an exam. After finishing this course to take an exam, by invigilate personnel discovery. Procuratorate of golden hill area is opposite with replacing exam blame to sue of Zhang Yi, Ma Mou, court of golden hill district adopts accusation opinion, sentence battle of arrest of Zhang Yi, Ma Mou in order to replace exam blame 2 months, probation 2 months, punish golden RMB 4000 yuan. Court decision already become effective.
For accurate investigate crime, criminal law amendment (9) in add an organization to take an exam cogged blame, when replacing exam blame, draft medium " the examination that the country provides " long instead " the country that law rules takes an exam " , what take an exam with this demarcate is phyletic. Be in to this " law " , should make narrow sense understand, according to legislative law the 7th regulation, be confined to the legislation that countrywide National People's Congress and its standing committee enact.
The national exam that law sets directly is belonged to of course " the country that law rules takes an exam "
The national exam that law sets directly asks this exam must be in " law " in have specific provision, the name as to specific exam is OK with " law " medium choice of words is different, want essence to point to same exam only can. "The country takes an exam " also not whole nation of be confined to unites an exam, the exam that in certain zone the organization carries out also may be " the country takes an exam " . For example, officeholder law sets the 21st times, employ holds the position of chairman section member the following etc comparatives the officeholder of blame leadership post of functionary administrative levels, adopt the measure of open exam. Among them, central mechanism and exam of officeholder of employ of orgnaization of its directly under are belonged to " the country takes an exam " , the employ officeholder exam that afore-mentioned legal organizations carry out local mechanism according to also is " the country takes an exam " . In addition, the national exam that common law sets directly still includes doctor qualification examination (hold law of doctor of course of study the 8th) , hold qualification of vet of course of study takes an exam (law of animal epidemic prevention the 54th) , register accountant to take an exam (register accountant.
The national exam that legal accredit sets should be maintained for " the country that law rules takes an exam "
The country that regulation of accredit of a kind of law still exists in judicatory practice takes an exam, namely law did not provide specific examination directly, however authorization is specific function branch tries to set. Be like case one in, accounting method just asks the 38th times to hold the position of accountant orgnaization controller to ought to possess qualification of accounting major technical position, the administrative measure to this qualification (include to execute a country to take an exam) criterion department of finance of accredit the State Council gives regulation, namely 2000 ministry of the Ministry of finance, human affairs " of short duration of exam of qualification of accounting major technology sets all right " make clear the 3rd times, qualification of accounting major technology executes the whole nation the exam system of proposition of outline of time of unitary organization, unified examination, unified exam, unified exam, uniform acceptable standard. Be like case again 2 in, educational law just sets the 21st times execute a country to teach exam system, teach the sort of the exam without direct and clear country, however service of education of accredit the State Council confirms, namely 2012 Ministry of Education " national education exam violates compasses processing way " the 2nd regulation, national education exam is to point to common teach oneself an exam to wait with entrance exam of graduate student of Master of entrance exam of adult colleges and universities, whole nation, higher education. Visible, afore-mentioned law and corresponding sectional regulations are the relation of come down in one continuous line, latter is pair of former accredit regulations is specific fulfil. Accordingly, exam system perhaps is engaged in some profession ought to possessing some kind of qualification related already specific to law provision, go up in this foundation the specific exam that specific function branch decides accredit, ought to maintain for " the country that law rules takes an exam " .
