当前我国对考试作弊系列行为的刑法规制

China's Current Criminal Law Regulations against Acts of Cheating on Exams

《刑法修正案(九)》之前的刑法规定对考试作弊行为虽有一定打击,但存在较大缺陷,满足不了日益猖狂的考试作弊现象。《刑法修正案(九)》新增的组织考试作弊罪,非法出售、提供考试、答案罪,代替考试罪,有效地弥补了刑法的漏洞。但这三个罪名在法律用语的明确性以及此罪与彼罪的关系方面仍然存在不足,需要进一步完善。本文依据《刑法修正案(九)》颁布前后的刑法规定,结合当前考试作弊行为的特点,对我国当前刑法对考试作弊系列行为的规制进行简要评析,以期为该类罪名的进一步完善提供借鉴。

In some degree, some criminal law provisions had been employed to fight against acts of cheating on exams before the passage of the Criminal Law Amendment IX. However, having big defects, they proved insufficient as cheating got increasingly rampant. The new additions to the crime list regarding serial acts of cheating on exams, namely organized cheating on exams, illegal sales and supplies of exam answers and surrogate exam-taking, as stipulated in the amendment, have effectively compensated for the vulnerability of the criminal law. Nevertheless, the three charges still need further improvement in terms of legal terms＇ clarity and the relationship between this crime and another crime. Taking all these into consideration, with a view to provide reference for further improvement of such charges, this paper makes a comparison of the relevant criminal law provisions before and after the enactment of the Criminal Law Amendment IX, analyzes features of current cheatings on exams and ultimately makes comments on China＇ s current criminal law regulations against acts of cheating on exams.