The court has found that the defendants chapter has not been registered to set up the Star Century (Beijing) education science and technology limited liability company, the defendant Lv Shilong registered to set up Beijing Hua Tuitong technical training center, the defendant Zhang Zongqun registered and established law University (Beijing) Education Consulting Co., Ltd., from the business education consultation and so on. In November 2016, the accused was designed to transmit the exam answers with radio equipment. In 2017, it organized cheating in the national postgraduate entrance examination management professional degree examination, and developed the source with the way of commitment. The defendant, Lv Shilong, through the defendant, Zhang Xiayang and the accused Zhang Zongqun, through the accused Li Qian and Zhang established contact with Zhang, Lv Shilong, Zhang Xiayang, Zhang Zongqun is responsible for the chapter to recruit examinees, and get the benefit from it. During the period, Zhang did not buy the signal transmitter, signal receiver and other cheating equipment, Zhang Zongqun, Lv Shilong, Zhang Xiayang sent the signal receiver to the examinee, and with the simulation test and other ways to cooperate with the chapter to test the cheating equipment. The chapter asked Li Qian to find the students to help to do the answer.
In December 23, 2016, Zhang registered the room in the Jingshi mansion, Guizhou mansion, Home Inn and the west gate of the Home Inn. The notebook, mobile phone, signal transmitter and other equipment were put into the room and connected to guide Li Qian, Zhang Feng operation computer and launch software. On the morning of December 24, 2016, 33 candidates of the defendant, Lv Shilong, Zhang Xiayang, Zhang Zongqun, Li Qian, Zhang Feng, were organized to cheat in the comprehensive competence test of the national postgraduate entrance examination management professional degree in 2017, and he sent the answer to the candidates who participated in the cheating at the Home Inn. Li Qian sent the answer to the examinees who participated in cheating in the East Campus of Beijing University of Chemical Technology in Guizhou mansion. Zhang Feng sent the answers to the candidates who participated in cheating at the Jingshi building; Lv Shilong participated in the MBA test in Beijing University of Chemical Technology and participated in cheating; Zhang Xiayang participated in the national postgraduate entrance examination in Communication University of China. Cheating in the examination of Ideological and political theory in the same way. On that day, the six defendants were arrested by the police, and they were caught on the spot using radio equipment.
The court hears that the defendant seal, Lv Shilong, Zhang Xiayang, Zhang Zongqun, Li Qian, Zhang Feng in the national postgraduate entrance examination management class examination, the way to organize multiple candidates to cheat by wireless transmission, the behavior has constituted the crime of organizing examination cheating. Among them, the defendants chapter is endless, Lv Shilong, Zhang Xiayang, Li Qian, Zhang Feng are serious. The chief criminal of the accused, Lv Shilong, Zhang Xiayang and Zhang Zongqun, plays the main role in the joint crime. The defendant, Li Qian and Zhang Feng, play an auxiliary role in the joint crime, which is an accessory and should be mitigated in accordance with the law. In view of the innocent chapter of the accused, Lv Shilong, Zhang Xiayang, Li Qian, Zhang Feng, and the trial process, they can all confess their crimes, confess and repent, and should be punished according to law. According to the facts, nature, circumstances and degree of social harm of the defendants, the court finally made the above judgment.
[judge Release Law]:
Cheating in exams destroys the system of examination and the system of talent selection, impedes fair competition, destroys social integrity, destroys social customs, and induces other illegal crimes, and has serious social harmfulness. Moreover, with the rapid development of science and technology, cheating in exams has gradually evolved from playing small copies and looking for people to take the test, and to the development of information and organization in the direction of crossing space-time and inside and outside. Cheating involves more extensive and more difficult to prevent, to a certain extent, all kinds of illegal and criminal activities depend on each other. The tight chain of interests and the difficulty of punishment gradually increased. Therefore, in the amendment of criminal law (nine), the crime of organizing cheating in exam cheating, crime of providing cheating equipment or other help for other people to cheat in organizing cheating, the crime of offering questions and answers for cheating in examination, and the provisions of replacing others or replacing themselves with the test crime instead of others.
In this case, the national postgraduate entrance examination is an important national examination, and the defendant chapter of the university is limited to 33 examinees in the management specialty. The number of examinees, the wide range of cases, the large scale of the organization, the main defendants in the case have registered the education and training companies. Zhang Xiayang and Lv Shilong signed the MBA, MPA double certificate postgraduate training agreement and Zhang Zongquns name and chapter in the name of the star century. The agreement on education and training cooperation was signed, and the cheating in examination was planned, including pre examination training, simulation examination, test equipment and unified speech; cheating equipment concealed, both rubber receivers, silk scarf receivers, and micro earphones; in addition, the bank account transactions transferred from the investigative authorities were clear. The examination content extracted from cheating equipment is not the first time that several defendants have organized cheating in examinations. Moreover, the defendants cheat through the Internet, using wireless transmission and other technical means to break through the screening of the examination room signal. The cheating behavior runs through the examination and field, which seriously disrupts the normal conduct of the examination activities and the social harm is serious, so it belongs to the serious plot. The accused Lv Shilong, Zhang Xiayang not only organized 18 candidates to cheat, but also in the same way in the national postgraduate examination cheating, Zhang Xiayang also specially found a group of WeChat to provide service for their cheating in the examination, the subjective malignant, should also belong to the serious plot.
According to incomplete statistics, since 2016, the courts at all levels in Beijing have applied 34 cases of examination related crimes in the 284th articles of the criminal law of Peoples Republic of China. Among them, there are 4 cases of cheating in examination, 29 in place of the test crime and 1 for the illegal provision of test questions. The national adult college entrance examination, the teacher qualification examination, the motor driver examination and other types of examination; the criminal means are varied, including the replacement of others to take the examination, to find others to take the exam, to introduce the exam in the middle, but also include the disclosure of the title before the examination, and the use of wireless communication equipment inside and outside the examination; At the time, the accused carried out the examination crimes, also carried out forged documents, illegal access to state secrets, illegal use of eavesdropping, special equipment for stealing photos, illegal use of information network, and disrupting radio communication management and other illegal activities, which seriously disrupted the social management order. Cheating not only destroys the environment of the examination room, but also infringes the right of fair competition among examinees and the national examination system. The French net is magnificent, the organizers hope that the organizers will not be lucky, but also hope that each candidate will be self-confident, strictly observe the discipline of the examination room, integrity examination, refusing to cheat, and use their own hard work to get satisfactory answers.
The man sneezed in the exam and flew out of the ear.
Recently, in a test spot in Changde, Hunan, the 2018 national two - level constructor test, Changde police started from a small cheater flying out of his ear when an examinee sneezed and pulled out an illegal gang in Hunan.