考试违法行为的法律责任研究

Research on Legal Responsibility of Illegal Conduct

考试违法行为破坏了法律所保护的考试制度与考试秩序,是构成及追究相应法律责任的关键所在。考试法律责任是指有关主体违反了法律的规定,侵害了正当的考试秩序而应当承担的否定性法律后果。相关考试主体违法了法律规定并造成一定的后果,即构成追究考试违法责任的条件。对实施考试违法行为的责任人依法追究法律责任,是维护考试秩序、保证考试权威性的必然要求。但在这一领域,我国无论从宏观角度还是微观角度,均存在严重问题。完善考试法律责任制度体系的整体思路应当是,首先,明确界定考试违纪责任、行政法律责任直至刑事责任的构成条件,并在此基础上对相关的责任形式作出刚性规定;其次,完善考试违法责任的调查、决定的体制和追究责任的程序规则。

The illegal act committed in the purpose of passing examinations, which considered being the violation of the examination system and the order protected by law, is the essential of calling legal responsibilities. The responsibility of offending the laws of examination refers to the negative legal outcomes which should be taken by the one who commits the offense above. The conducts committed by the wrong-doers, as well as the consequences caused by these conducts, are the constitutive requirements of taking responsibilities of violating the laws of examination. It is to keep the order of examination, and to ensure the authority of examination that the wrongdoers should be punished according to the law. However, Chinese law system has serious defects in the field, no matter macroscopically or microscopically. General ways to consummate the law system of finding the responsibilities of violate the laws of examination should be： First, definitude the requirements of responsibilities in the articles from civil law, administrative law to criminal law, and rigidly ordain the relative forms of liabilities base on the boundaries. Then, consummate the system of investigating and determining the responsibilities of violating the laws of examination and the rules of the procedure of seeking liabilities.