代替考试罪的问题与建议——基于76例替考案件的实证分析

Problems and perfection measures for taking the test for someone else——Based on the research of 76 cases of surrogate exams

对司法机关办理的代替考试罪案件进行统计分析,发现实践中发生的替考案件多为非专业型替考与未伪造相关证件的替考,相当部分案件涉及在校学生,处罚以罚金与拘役刑缓刑为主。替考入刑在理论与实践中存在违背刑法谦抑性原则、污名化现象严重、忽视替考行为产生的深层次原因等问题,应该从采取限制入罪说、设置情节限制、进行综合治理等方面加以改进与完善。

The crime of taking the test for someone else has been punished by judicial organs across the country. From the result of the statistical analysis of the relevant cases,this kind of crimes are mostly committed by people who are not professional cheaters,and they dont forget carrying relevant documents. Moreover,a considerable part of the cases are involving students in schools and the main punishments are penalty,and the probation detention. Taking the test for someone else has many defects in theory and practice,for example,it is contrary to the principle of restraining Criminal Law,its stigma effect is very serious,and it ignores the cause of this phenomenon. Therefore,in order to properly solve this problem,we should take the point of limited criminalization,set restrictions on the circumstances of crime and take the comprehensive treatment.