Understanding and Application of Crime of Cheating in National Examinations Prescribed by Law
Since the"Law of Examination"has not been promulgated and the general idea of setting up the exami-nations is lacking,there are many different opinions on how many laws'stipulating how many types of the na-tional examinations.The differences in understanding of the national examinations prescribed by the laws are not only reflected in the number of laws and examinations,but also in the names of the laws and the examination cat-egories.After sorting out,the national examinations stipulated by our laws are mainly composed of 16 kinds of the national examinations stipulated by 20 laws.Through the analysis,the accounting professional qualification exami-nation,the accounting professional and technical qualification examination,the pharmacist professional qualifica-tion examination and the Putonghua proficiency test do not belong to the national examination stipulated by law.From a multi-dimensional perspective,the article 21 of the"Education Law"of the People's Republic of China authorizes that the national examinations determined by the education administrative department of the State Council can't be regarded as"the national examinations regulated by the laws",so that the criminal responsibility of the cheaters will not be pursued.In order to coordinate with the reforms of the administrative examination and approval projects of the State Council,the qualification examinations for the practicing veterinary medicine and for the fund practitioners should not continue to be the"national examinations regulated by the laws".Because the national unified examination for the online education and the other three major undergraduate education examina-tions in my country originate from the same law,and from the same article of the law as the entrance examination of the adult colleges and universities,belongs to the same curriculum examinations as the self-study examina-tion,it should be recognized as the"national examinations regulated by the laws".
provisions of lawsnational examinationcheat in examinationscheating crimeapplication of laws
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