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近年来,类似代替他人考试这样的考试作弊现象屡见不鲜,尤其在高考、司法考试等影响力较大的考试中。考试作弊行为严重破坏了国家的考试制度,破坏了公平竞争的社会环境,使得广大遵守考试秩序的考生极为不满,社会影响恶劣,引发各界对于考试作弊行为应否入刑的思考。新出台的《刑法修正案(九)》顺应社会发展的需要,确定了组织考试作弊罪,非法出售、提供试题、答案罪,代替考试罪三个罪名,填补了立法空白,本文将对其中的代替考试罪进行全面的分析解读。
In recent years, the phenomenon of cheating like examinations that substitute for others is not uncommon, especially in examinations with more influence such as college entrance examination and judicial examination. Cheating in exams seriously undermined the nation’s examination system and undermined the social environment of fair competition. This caused the vast majority of candidates who abide by the examination order to be extremely dissatisfied and their social impact to be harsh, which aroused the public’s consideration of whether to cheat the exams. The newly promulgated “Criminal Law Amendment (IX)” complies with the needs of social development and has identified three charges of organizing exam cheating, selling illegally, providing test questions and answers instead of exams, and filling in the gaps in legislation. Instead of a full analysis of the crime test analysis.