国家级考试中严重作弊行为的刑法规制探析——以组织考生作弊、替考等行为入罪为视角

The Research on the Cheating Behavior in the National Examination: to Organize Students Cheat,such as Their Stead the Perspective of Behavior into Sin

愈演愈烈的考试作弊行为严重扰乱了考试的稳定运行,破坏了公平公正的竞争秩序和国民对于国家考试制度的合理预期,诚实信用原则和社会风气受到了严重挫伤。鉴于其法益侵害的严重性,有必要动用刑法进行适时介入和适当干预。故而《刑法修正案(九)》设置单独的罪名对"组织考生作弊"、"替考"等频发的严重作弊行为予以规制,具有重要的进步意义。但法律的生命在于适用,要想真正实现既定的目标,切实有效地解决作弊行为泛滥的现状,还需要依赖于司法实践中对规则的合理解释和有效适用。

Cheating in exams comes forth a seriously growing trend, which greatly disturbs the operation of ex- amination system, breaches the order of fair competition, and the national reasonable expectation on national ex- ams, and disrupts the principle of good faith and social morality. Considering its severity of violating legal interests, it is necessary to intervene timely and adequately with criminal law. As a result, 9th Amendment of Criminal Law especially sets charges to regulate severe and frequent cheating behavior such as organizing cheating and displace- ment, which has important significance. However, life of law lies in implementation. Reasonable interpretation and efficient aoolication are still needed to achieve the set ~oal and to solve the oroblem of cheatinz overflow.