1, education exam. Including all kinds of entrance exams, senior high school entrance exams, college entrance exams, postgraduate entrance exams, exams and so on.
2. Qualification examination. Such as teacher qualification examination, legal professional qualification examination and other professional qualification examinations.
3. Level test. Including CET-4 and CET-6, software proficiency test, Chinese proficiency test and various professional skills tests.
4. Public examinations, such as national examination, provincial examination and career preparation examination.
Extended data:
Article 284th one of the Criminal Law of People's Republic of China (PRC) limits its scope of application to "the national examination prescribed by law". The "law" in this article of the Criminal Law should be a narrow concept, which only refers to the laws formulated by the National People's Congress and its Standing Committee, excluding administrative regulations, rules and other normative legal documents in a broad sense.
According to the purpose and content of the examination, the current examinations in China can be divided into the following three categories: First, the national education examination, including the entrance examination and the proficiency examination. The entrance examination includes the entrance examination for ordinary and adult colleges and universities, the national entrance examination for postgraduate students, and the self-study examination for higher education. Proficiency test is intended to evaluate whether candidates' knowledge and ability have reached a certain level, including foreign language proficiency test.
The second is the national staff selection examination, which mainly includes the national civil service examination and the local civil service examination.
The third is qualification examination, which is intended to evaluate whether candidates have the qualifications or conditions to engage in a certain occupation. The above-mentioned examinations are set according to laws, administrative regulations, departmental rules or normative documents of relevant administrative departments, and detailed provisions are made.
None of the above-mentioned examinations can be included in the scope of the regulation of the crime of replacing examinations, which is only applicable to the examinations prescribed by laws formulated by the National People's Congress and its Standing Committee.
The reasons are as follows: First of all, the increase of this crime is mainly from the perspective of maintaining social integrity and fair examination. If this clause is applied to all examinations established according to laws, administrative regulations and departmental rules, it will be too broad to achieve good social effects.
Secondly, the State Council is continuing to clean up the administrative examination and approval items, and it is necessary to gradually cancel the vocational qualifications for admission without legal and regulatory basis. If the access professional qualification based on laws and regulations is not closely related to national security, public safety and people's life and property safety, or it is not suitable to use professional qualification for management, it shall be cancelled after being submitted to laws and regulations for revision according to procedures.
It can be seen that the State Council is gradually cleaning up and reducing unnecessary entrance qualification examinations, and its reform trend is to keep only those examinations which are based on laws and regulations and are closely related to national security, public security and people's lives and property safety. Therefore, it is more in line with this reform trend to reasonably limit the scope of "national examinations prescribed by law" in the crime of taking exams.
Thirdly, punishment, as a last resort to adjust social relations, should reduce unnecessary criminal identification. Compared with other criminal acts such as violent crimes and economic crimes stipulated in the criminal law, replacing exams is less harmful to society. Whether it is laws, administrative regulations or departmental rules, there are relevant provisions on the punishment of cheating in exams, which can achieve the purpose of punishment to a certain extent.
Therefore, only when the harmfulness of this behavior reaches a certain level should it be regulated by criminal law. When measuring the social harm of the substitute exam, we should comprehensively consider the geographical scope involved in the exam and whether it involves the qualifications of people in special industries, such as the national unified entrance examination for ordinary colleges and universities.
Involving the enrollment of colleges and universities across the country, such examinations have high social concern, great influence and wide coverage, such as the Law on Medical Practitioners, which involves the qualification of medical professionals and is closely related to medical quality and people's lives and health. This kind of examination is of great importance and influence, and cheating in this kind of examination is more harmful to society.
On the other hand, this kind of national examination involving the qualification of personnel in important industries is usually stipulated by laws formulated by the National People's Congress and its Standing Committee, including the Higher Education Law, the Civil Service Law, the Medical Practitioners Law and the Judges Law.
Therefore, the narrow interpretation of "law" in this clause refers to the laws formulated by the National People's Congress and its Standing Committee, which can not only ensure that acts with great social harm are punished, but also conform to the principle of modesty of criminal law, give full play to the educational function of criminal law and achieve good social effects.
(two) the education examination in the "national examination" as prescribed by law.
China's national education examinations mainly include: entrance examinations, such as college entrance examination, senior high school entrance examination and postgraduate entrance examination; Proficiency tests, such as Chinese proficiency test and foreign language proficiency test; There are also diploma exams, such as self-study exams and diploma exams.
In the ability test, most of them are based on departmental rules and documents, such as the national English test band 4 and band 6. In the Notice on Approving the College English Teaching Syllabuses for Science and Engineering Undergraduate and Liberal Arts Undergraduate, the State Education Commission stipulates that students who have completed CET-4 and CET-6 should have a unified standard test.
The CET-6 is designed according to this regulation. This kind of examination is not set according to law and should not be included in the scope of regulation instead of the crime of examination. For the entrance examination and diploma examination, it is necessary to judge whether it belongs to the "national examination prescribed by law" according to the specific situation.
The entrance examination mainly includes the entrance examination for ordinary and adult colleges and the entrance examination for graduate students. Article 21 of the Education Law stipulates that the state implements the national education examination system. The national education examination is decided by the education administrative department of the State Council.
Article 2 of the Measures for Handling Violations of National Education Examinations promulgated by the Ministry of Education stipulates that national education examinations include the entrance examinations for ordinary and adult colleges and universities and the national entrance examinations for master students. According to the above provisions, these three types of examinations should belong to the category of "national examinations prescribed by law".
Diploma examination mainly includes higher education self-study examination, foreign language proficiency examination for adult higher education graduates applying for bachelor's degree, etc. Article 21 of the Higher Education Law stipulates that the state implements the system of self-study examination for higher education, and those who pass the examination will be issued with corresponding academic certificates or other academic certificates.
According to this regulation, higher education should belong to the "national examination prescribed by law". The evaluation results of foreign language proficiency test for adult higher education graduates applying for bachelor's degree are taken as the basis for the national recognition of academic qualifications and degrees.
Article 2 of the Measures for Handling Violations of National Education Examination stipulates that the national education examination shall be determined and implemented by the education administrative department of the State Council, undertaken by the institutions that have approved the implementation of the education examination, and held in an open and unified manner for the society. The result shall be regarded as an examination activity on the basis of recruiting students with academic qualifications or obtaining nationally recognized academic qualifications and degree certificates.
It should be noted that "unified organization" here does not require "unified organization at the national level", and some "national examinations prescribed by law" can also be organized and implemented by local governments according to law, such as the college entrance examination, which includes both national unified examinations and examinations organized by provinces according to law, but the above provisions do not clearly stipulate whether the examinations involved in this case are national education examinations.
Xinhuanet: The national examination system has returned to "simplicity", and the "trump card" of the college entrance examination has gradually been unloaded.