组织考试作弊罪的司法判定问题研究

Research on Judicial Judgment of Cheating in Organizing Examinations

《中华人民共和国刑法修正案(九)》首次将有关考试作弊的行为纳入刑法规制的范围,使治理组织考试作弊行为变得有法可依。在司法实践中要科学准确地对组织考试作弊罪进行司法判定,首先是要吃透和理解考试作弊犯罪的具体法律定罪条文,并在此基础上对组织考试作弊的罪与非罪、此罪与彼罪加以清晰界定,从而为司法实践对中组织考试作弊罪的既遂标准和共犯的司法判定提供法理依据。

The Criminal Amendment(nine) of the People’s Republic of China firstly includes the acts concerning cheating in the examination into the scope of criminal regulation, ensuring that there be laws to abide by during governing the organizing cheating in examinations. In judicial practice, we should implement judicial judge over the crime of organizing cheating in examinations. First, we should have a thorough grasp and understand the specific crimination articles for the crime of cheating in examinations, and we should clearly define the crime, noncrime, crime and the others based on organizing cheating in examinations, thus providing basis for law principles for the criterion of accomplishment and accomplice concerning organizing cheating in examination in judicial practice.