Does the Measures for Handling Violations in National Education Examinations belong to the law?
Decision of the Ministry of Education on Amending the Measures Order No.33 of the Ministry of Education of People's Republic of China (PRC) The Decision of the Ministry of Education on Amending has been adopted at the 4th1executive meeting of the Ministry of Education on February 23, 20 12, and is hereby promulgated and shall come into force as of April 23, 2012. On May 5th, 20 12/KLOC-0, Yuan Guiren, Minister of Education, made the Decision of the Ministry of Education on Amending the Measures for Handling Violations in National Education Examinations, in order to further ensure the safety of examinations, maintain the order of examinations, standardize the handling of violations in national education examinations, and safeguard the legitimate rights and interests of participants in national education examinations. The Ministry of Education has decided to make the following amendments to the Measures for Handling Violations in National Education Examinations: Press conference on the Measures for Handling Violations in National Education Examinations [2] 1. Article 2 is amended as: "The national education examination as mentioned in these Measures refers to the entrance examination for ordinary and adult colleges and universities, the national postgraduate entrance examination, the self-study examination for higher education, etc. , determined and implemented by the administrative department of education of the State Council, and undertaken by the approved institutions that implement educational examinations, and the examinations and their achievements held in an open and unified manner for the society. Two. The first paragraph of Article 6 is amended as: "Candidates who violate the principles of fairness and justice in the examination and commit one of the following acts shall be deemed as cheating in the examination." Item (1) is amended as: "Taking the exam with materials or electronic equipment related to the exam content;" Item (3) "Forcing others to provide convenience for their own plagiarism" is amended as "Forcing others to provide convenience for their own plagiarism;" Item (4) is amended as: "Carrying equipment with the function of sending or receiving information;" Item (9) is amended as: "other acts of obtaining or trying to obtain answers to test questions and test scores by improper means." III. The term "examination qualifications and examination results" in Item (1) of Article 7 is amended as "examination qualifications, qualifications and examination results"; Item (2) is amended as: "The answers are the same in the marking process". 4. Paragraph 1 of Article 8 is amended as: "Candidates and other personnel shall consciously maintain the examination order, obey the management of examination staff, and shall not commit any of the following acts that disturb the examination order." Item (3) is amended as: "Threatening, insulting, slandering, framing or otherwise infringing on the legitimate rights and interests of examination staff and other candidates." One item is added as item (4): "intentionally damaging the facilities and equipment of the examination room;" The original item (4) is amended as item (5). 5. Paragraph 2 of Article 9 is amended as: "If a candidate commits one of the cheating acts listed in Articles 6 and 7, his scores in all stages and subjects of the examination will be invalid; Those who take the higher education self-study exam will have invalid scores in all subjects. Under any of the following circumstances, depending on the seriousness of the case, the examination may be suspended 1 to 3 years; If the circumstances are particularly serious, you can also suspend taking various national education examinations 1 to 3 years: (1) organizing gangs to cheat; (2) Sending or transmitting examination information outside the examination room; (3) Cheating by using relevant equipment to receive information; (4) Forging or altering identification cards, admission tickets and other supporting materials to take the exam instead of others or candidates. " One paragraph is added as the third paragraph: "If the candidates who take the self-study examination for higher education commit serious cheating as mentioned in the preceding paragraph, they may also be given a deferment of 1 to 3 years, and the examination results will be invalid during the deferment." Six, tenth in the "Regulations on administrative penalties for public security", amended as "People's Republic of China (PRC) Public Security Management Punishment Law". 7. Article 12 is amended as: "In any of the following circumstances, the educational examination institution shall notify its school, and the school will deal with it severely according to the relevant regulations until it is expelled from school or expelled from school: (1) taking the examination instead of the candidates or being taken by others instead; (2) Organizing gangs to cheat; (3) Providing exam information, answers and corresponding equipment to cheating organizers and participating in gang cheating. " 8. One item is added as Item (5) after Item (4) of Paragraph 2 of Article 13: "Failing to perform duties seriously, causing disorder, serious cheating in the examination room in charge, or damaging video materials and abnormal operation of the video system;" Item (5) is changed to item (6), and "integral error" is changed to "integral error". After that, the serial numbers are postponed in turn. Nine, in sixteenth "caused by the loss of national education examination questions, answers and scoring reference materials" after the increase of "damage". 10. The first paragraph of Article 17 is amended as: "In case of any of the following acts, the educational examination institution suggests that the unit where the perpetrator works be given administrative sanctions; Violation of the "People's Republic of China (PRC) Public Security Administration Punishment Law" shall be dealt with by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law: Item (2) of the second paragraph is amended as: "Take the national education examination instead of candidates or by others"; Item (3) is amended as "organizing or participating in gang cheating"; One paragraph is added as the third paragraph: "If a state functionary commits any of the acts listed in the preceding paragraph, the education and examination institution shall advise the relevant discipline inspection and supervision department to deal with it seriously in accordance with the relevant provisions." 1 1. One paragraph is added to Article 19 as the second paragraph: "If the examination staff discovers that the candidates have violated discipline or cheated through video, they shall immediately notify the examination staff present and keep the video as evidence. Educational examination institutions can identify the violations of candidates involved through video playback. " Twelve, after the first paragraph of Article 21, two paragraphs are added as the second paragraph, namely: "The irregularities of candidates in the national postgraduate entrance examination shall be determined by the institutions that organize the examination, and the relevant provincial education examination institutions or their entrusted institutions shall make a decision." Paragraph 3: "The violations identified in the video playback audit of the national education examination room shall be identified by the provincial education examination institutions and the decision shall be made." The original second paragraph is amended as the fourth paragraph. Thirteen. Paragraph 2 of Article 25 is amended as: "If a candidate is suspended from school, the provincial education examination institution shall hold a hearing according to the candidate's application to examine the facts and circumstances of cheating." Fourteen Article 29 is amended as: "If an applicant refuses to accept the reconsideration or handling decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law." Fifteen. Article 30 is amended as: "Educational examination institutions shall establish integrity files of candidates in national education examinations, and record and keep relevant information of cheaters in national education examinations. Without legal procedures, no organization or individual may delete or change the information recorded in the integrity files of candidates in the national education examination. The integrity files of national education examination candidates can be inquired by relevant social parties according to the application, and relevant information should be provided to enrollment schools or units in time as a reference condition for enrollment. " [3]