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近年来考试作弊行为十分猖獗,已经严重侵害了我国考试制度及社会秩序,而之前刑法在此方面的空白也使得作弊行为愈演愈烈,基于此,《刑法修正案(九)》增设考试作弊新罪。本文首先介绍替考入刑之背景及相关案件,指出了现今考试作弊行为的严重性;其次概述了《刑法修正案(九)》对该罪名设置产生的争议;最后从理论层面对该条规定进行了系统阐述,并主要针对替考行为入罪后的司法适用问题提出作者的观点。
In recent years, cheating in examinations is very rampant, which has seriously infringed upon the examination system and social order in our country. However, the blank of previous criminal law has also made cheating worse and worse. Based on this, “Criminal Law Amendment (9)” adds a new offense of exam cheating. This article first introduces the background and related cases of probation into the penalty, points out the seriousness of the cheating in the current examinations, then summarizes the controversy over the setting of the charges in the Criminal Law Amendment (IX) The author elaborates the author’s point of view mainly on the judicial application after the offense of taking a test.