Recently, the Ministry of education, together with the national education unified examination inter ministerial contact meeting system units such as webinfo, Gongxin, public security, industry and commerce, held the 2018 national postgraduate enrollment examination safety work video conference to deploy the examination safety work. Lin Huiqing, Vice Minister of education, attended the meeting and made a speech.
Cheating in postgraduate examination has been included in the scope of criminal law
The amendment (IX) to the criminal law of the people's Republic of China has been adopted at the 16th meeting of the Standing Committee of the 12th National People's Congress of the people's Republic of China on August 29, 2015, and shall come into force as of November 1, 2015.
I. The organization of cheating, buying and selling of cheating equipment, buying and selling test questions, substituting test and other cheating and helping cheating are included in the scope of criminal law
[provisions] one article is added after article 284 of the criminal law as one of article 284: "Whoever organizes cheating in the national examination as prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. '
"Whoever provides cheating equipment or other help for another person to commit the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.". '
"Whoever illegally sells or provides other persons with the test questions and answers specified in the first paragraph for the purpose of cheating in examinations shall be punished in accordance with the provisions of the first paragraph. '
"Those who take part in the examinations prescribed in the first paragraph on behalf of others or on behalf of themselves shall be sentenced to criminal detention or public surveillance and shall also, or shall only, be fined. '
[interpretation] the new amendment not only stipulates that cheating in the examination itself will be punished by penalty, but also punishes those who organize cheating and help cheating, which means that providing help to cheaters will constitute a crime, and the maximum penalty for such crimes is seven-year imprisonment and fine, and the punishment is significantly improved.
There are no clear legal provisions in the current criminal law for the common act of substitute examination in the cheating means, which can be convicted and sentenced. For a long time, the punishment is light. However, according to the provisions of the amendment to the criminal law: 'those who take the place of others or let others take the examinations prescribed in the first paragraph shall be sentenced to criminal detention or public surveillance and shall also, or shall only, be fined'. That is to say, both the examinee and the examinee constitute a crime and should be punished. Those who are subject to criminal punishment will also suffer adverse consequences in the field of administrative and civil activities, such as dismissal from public office or termination of labor contract.