Order of People's Republic of China (PRC) Ministry of Education

No.33

The decision of the Ministry of Education on amending the Decision has been 201kloc-0/65438+February 23rd? Adopted at the 4th 1 ministerial meeting of the Ministry of Education, it is hereby promulgated and shall come into force as of April12065438.

Minister of Education Yuan Guiren

20 12 years 1 5th of the month

Measures for handling violations in national education examinations

(Promulgated by DecreeNo. 18 of the Ministry of Education of People's Republic of China (PRC) on May 9, 2004, revised according to the Decision of the Ministry of Education on Revision)

Chapter I General Principles

Article 1 These Measures are formulated in accordance with the Education Law of the People's Republic of China and relevant laws and administrative regulations in order to standardize the identification and handling of violations in national education examinations, safeguard the fairness and justice of national education examinations, and safeguard the legitimate rights and interests of those who take national education examinations (hereinafter referred to as candidates) and those who engage in and take national education examinations (hereinafter referred to as examination staff).

Article 2 The term "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, undertaken by the approved institutions that implement the education examination, and held openly and uniformly for the society, with the results as examination activities based on enrolling students with academic qualifications or obtaining nationally recognized academic qualifications and degree certificates.

Article 3 These Measures shall apply to the identification and handling of candidates, examination staff and other relevant personnel who take part in the national education examination who violate the examination management regulations and examination room discipline and affect the fairness and impartiality of the examination.

The identification and handling of violations in national education examinations should be open, fair, legal and appropriate.

Article 4 The education administrative departments of the State Council and local people's governments at all levels shall be responsible for managing and supervising the organization of national education examinations in the whole country or in the local area.

Educational examination institutions at all levels that undertake national education examinations are responsible for the specific implementation of relevant examinations, and are responsible for the identification and handling of examination irregularities in accordance with these Measures.

Chapter II Identification and Handling of Illegal Acts

Fifth candidates do not abide by the examination discipline, do not obey the arrangements and requirements of the examination staff, one of the following acts, as a violation of examination discipline:

(1) bringing articles beyond the provisions into the examination room or not putting them in the designated position;

(two) did not take the exam in the prescribed seat;

(3) Answering questions before the start signal of the exam is issued or continuing to answer questions after the end signal of the exam is issued;

(4) Peeping, whispering, exchanging signals or gestures during the examination;

(five) noisy, smoking or other acts that affect the order of the examination room within the scope prohibited by the examination room or the education examination institution;

(6) Leaving the examination room without the consent of the examination staff;

(7) Taking papers, answer sheets (including answer sheets and answer sheets, the same below) and draft papers out of the examination room;

(8) Answering questions with pen and paper other than those specified, or writing names and test numbers in places other than those specified in the test paper, or marking information on the answer sheet in other ways;

(nine) other acts that violate the rules of the examination room but do not constitute cheating.

Article 6 Candidates who violate the principles of fairness and justice in the examination and commit any of the following acts shall be regarded as cheating in the examination:

(1) Taking the exam with materials related to the content of the exam or with electronic equipment related to the content of the exam;

(2) Plagiarizing or assisting others to plagiarize answers to test questions or materials related to test contents;

(3) coercing others to provide convenience for their own plagiarism;

(4) Carrying equipment with the function of sending or receiving information;

(five) by others to take the exam as an impostor;

(6) Deliberately destroying examination papers, answer sheets or examination materials;

(seven) fill in the name, test number and other information inconsistent with my identity on the answer sheet;

(8) Passing or receiving articles or exchanging test papers, answer sheets and draft papers;

(nine) other acts of obtaining or trying to obtain answers to test questions and test scores by improper means.

Article 7 If an educational examination institution or examination staff finds any of the following behaviors during or after the examination, they shall consider that the relevant candidates have cheated in the examination:

(a) by forging documents, certificates, files and other materials to obtain examination qualifications, additional qualifications and examination results;

(two) in the process of marking, that the answer is the same;

(three) the examination room discipline is chaotic, the examination order is out of control, and there is a large-scale examination cheating phenomenon;

(four) the examination staff assisted in the implementation of cheating, which was verified afterwards;

(five) other acts that should be recognized as cheating.

Eighth candidates and other personnel should consciously maintain the order of the examination workplace, obey the management of the examination staff, and shall not have the following acts to disturb the order of the examination room and the examination workplace:

(1) Deliberately disturbing the order of examination workplaces such as examination centers, examination rooms and marking places;

(2) refusing or obstructing the examination staff from performing their management duties;

(3) Threatening, insulting, slandering, framing or otherwise infringing upon the legitimate rights and interests of examination staff and other candidates;

(4) Deliberately damaging the facilities and equipment of the examination room;

(five) other acts that disrupt the order of examination management.

Article 9 If a candidate commits one of the violations listed in Article 5, the examination results of this subject will be cancelled.

Candidates who cheat in the exams listed in Articles 6 and 7 will have invalid scores in all subjects and stages of the exams they signed up for; 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 your participation in 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.

Candidates who take the higher education self-study exam have serious cheating behaviors listed in the preceding paragraph, and can also be given an extension of 1 to 3 years, and the test results during the extension period are invalid.

Tenth candidates have one of the acts listed in article eighth, and continue to participate in the examination of this subject, and all the subjects they signed up for at that time are invalid; Candidates and other personnel who violate the "People's Republic of China (PRC) Public Security Administration Punishment Law" shall be dealt with by the public security organs; If the case constitutes a crime, it shall be dealt with by judicial organs according to law and investigated for criminal responsibility.

Article 11 If a candidate obtains examination results by deception, and obtains corresponding academic certificates, qualification certificates or admission qualifications such as degree certificates and academic certificates, the certificate issuing authority shall declare the certificate invalid and order it to be withdrawn or confiscated; Those who have been admitted or accepted will be disqualified or their school status will be cancelled by the admission school.

Twelfth students, in-service teachers in any of the following circumstances, the education examination institutions shall notify their schools, which will deal with them severely according to the relevant provisions, until they are expelled from school or expelled from school:

(a) instead of candidates or by others to take the exam instead;

(2) Organizing gangs to cheat;

(three) to provide cheating organizers with examination information, answers and corresponding equipment to participate in gang cheating.

Thirteenth examination staff should conscientiously perform their duties. In the process of examination management, organization and marking, anyone who commits any of the following acts shall stop taking part in the national education examination of the current year and the next year, and the education examination institution or its unit shall give corresponding administrative sanctions according to the seriousness of the case:

(a) should avoid the examination work and conceal it;

(2) changing the time, place or arrangement of the examination without authorization;

(3) Prompting or implying candidates to answer questions;

(4) Taking the test questions, answer sheets or related contents out of the examination room or giving them to others without authorization;

(five) did not perform their duties seriously, resulting in disorder in the examination room, serious cheating or damage to video materials, video examination system can not work normally;

(six) serious dereliction of duty in marking and scoring, resulting in obvious wrong evaluation, missing evaluation or integral error;

(seven) in the marking without changing the scoring rules or not marking according to the scoring rules;

(eight) due to the failure to perform their duties seriously, resulting in identical papers in the examination room;

(nine) unauthorized disclosure of signs, unified and other information that should be kept confidential;

(ten) other acts in violation of the provisions on the administration of invigilation and marking.

Article 14 Examination staff who commit any of the following cheating acts shall stop taking part in the national education examination, and the education examination institution or the unit to which they belong shall give corresponding administrative sanctions according to the seriousness of the case and be removed from the examination post; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law:

(a) to provide false certificates, certificates and files for those who do not have the conditions to take the national education examination, so that they can obtain the qualification of examination or the qualification of examination staff;

(two) due to dereliction of duty, the candidates failed to take the examination as scheduled or suffered heavy losses in the examination work;

(3) Providing conditions for candidates to cheat by invigilating or engaging in examinations;

(4) Forging or altering candidates' files (including electronic files);

(5) sorting out the answer sheets outside the venue to provide answers for candidates;

(6) instigating, conniving at or colluding with others to cheat;

(seven) stealing or altering the candidates' answers, test scores or original records of the examination room;

(eight) unauthorized alteration or fabrication, false inspection of data and information;

(nine) taking advantage of the examination work, asking for bribes, accepting bribes, and favoring others for personal gain;

(10) framing or retaliating against candidates.

Fifteenth due to the chaotic management of educational examination institutions, examination staff dereliction of duty, resulting in chaotic discipline and serious cheating in test sites or examination rooms; Or there are more than 1/5 test sites in the same test site at the same time, the education administrative department will cancel the qualification of the test site to undertake the national education examination in the current year and next year; One or more majors in the higher education self-study examination area are in disorder and cheating is serious. The higher education self-study examination management institution will give the examination area a warning or suspend the corresponding professional examination in the examination area 1 to 3 years.

The relevant departments shall give corresponding administrative sanctions to the relevant responsible persons, responsible persons and responsible persons in the examination area where large-scale cheating occurs; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.

Article 16 In case of violation of confidentiality provisions, the examination questions, answers and grading reference materials (including sub-questions and their answers and grading reference materials, the same below) of the national education examination are lost, damaged or leaked, or a major accident occurs in the candidate's answer sheet within the confidentiality period, the relevant departments shall, depending on the seriousness of the case, give administrative sanctions to the responsible person and the relevant responsible person respectively; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Theft, damage and dissemination of national education examination questions, answers and scoring references, candidates' answer sheets and examination results during the confidentiality period shall be investigated and dealt with by the relevant departments according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Seventeenth one of the following acts, the education examination institutions suggest that the unit where the actor 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:

(a) instigating, conniving and instigating the examination staff to relax the examination discipline, resulting in disorder and serious cheating in the examination room;

(two) to take the national education examination instead of the candidates or by others;

(3) Organizing or participating in gang cheating;

(4) taking advantage of his authority to cover up cheating or coerce others to cheat;

(5) Violating the personal rights of examination staff and candidates by means of strike, retaliation, framing and threats;

(6) Bribing bribes to examination staff;

(seven) intentional damage to the examination facilities;

(eight) disturbing or disturbing the order of the examination room, marking point and related examination workplaces, resulting in serious consequences.

If a state functionary commits the acts mentioned 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.

Chapter III Identification and Handling Procedures of Illegal Acts

Eighteenth examination staff in the course of the examination found that candidates to implement the provisions of article fifth, article sixth of the examination irregularities, cheating, it should be promptly corrected and truthfully recorded; The materials and tools used by candidates for cheating should be detained.

Candidates' violation records, as the basis for determining the facts of candidates' violation, shall be signed and confirmed by two or more invigilators, or examination room inspectors and invigilators.

The examination staff shall inform the disciplinary candidates of the contents of the disciplinary record, and fill in the receipt of the withheld items for the candidates.

Article 19 If an educational examination institution discovers the acts listed in Articles 7 and 8 of these Measures, it shall conduct fact investigation by two or more staff members, collect and keep the corresponding evidence materials, and on the basis of investigating the facts and evidence, determine the irregularities of the candidates involved.

If the examination staff discovers that the candidates have violated discipline and cheated through video, they shall immediately notify the on-site examination staff and keep the video as evidence. Educational examination institutions can identify the irregularities of candidates involved through video playback.

Article 20 A test center shall summarize the violation records of candidates, and submit them to a higher education examination institution for handling in accordance with the provisions of these Measures after being signed and confirmed by the examiner of the test center.

Article 21 If a candidate commits any of the violations listed in Article 5 in the entrance examination for ordinary and adult colleges and the self-study examination for higher education, the provincial education examination institution or the municipal education examination institution shall make a decision, and the decision made by the municipal education examination institution shall be reported to the provincial education examination institution for the record; In case of cheating in the examinations listed in Article 6 and Article 7, the municipal education examination institutions shall sign opinions and report them to the provincial education examination institutions for handling. Provincial education examination institutions may also require municipal education examination institutions to submit materials and evidence for direct processing; Appear as listed in Article 8 of these measures to disrupt the examination order, signed by the municipal education examination institutions, reported to the provincial education examination institutions in accordance with the provisions of the preceding paragraph, candidates and other personnel in violation of public security management laws and regulations, handled by the local public security department; In the marking process, if it is found that candidates cheat in the examinations listed in Article 7 of these Measures, the provincial education examination institutions shall make a decision and notify the municipal education examination institutions.

Candidates' disciplinary actions 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.

The violations identified in the video playback review of the national education examination room shall be identified and decided by the provincial education examination institutions.

The handling of irregularities of candidates who take education examinations in other countries shall be specifically determined by the examination institutions that undertake the relevant national education examinations with reference to the provisions of the preceding paragraph.

Twenty-second education administrative departments and other relevant departments should directly intervene in the investigation and handling of cheating in test sites and examination rooms or the need to supervise educational examination institutions. Fourteenth, fifteen, sixteen cases, if the circumstances are serious, the provincial education administrative department in conjunction with the relevant departments to deal with, and promptly report to the education administrative department of the State Council; When necessary, the administrative department of education of the State Council participates in or directly handles it.

Article 23 If the examination staff violates these measures in the examination room, examination center and marking process, the person in charge of the examination center and marking point shall suspend their work and report to the corresponding education examination institution for handling.

Twenty-fourth candidates in other places related to the examination in violation of the relevant provisions, decided by the municipal education examination institutions or provincial education examination institutions; Decisions made by municipal education examination institutions shall be reported to provincial education examination institutions for the record.

Examination staff in other places related to the examination in violation of the relevant provisions, by their units according to the opinions put forward by the municipal education examination institutions or provincial education examination institutions shall be dealt with, and the results will be notified to the education examination institutions that put forward the opinions.

Twenty-fifth educational examination institutions shall, before making a decision on the treatment of individuals or units that violate the rules in the examination, review the facts and relevant evidence of the violation, and inform the treated individuals or units of the reasons and basis for making the decision; If the individual or unit that has been dealt with disagrees with the illegal facts identified, it shall be given the opportunity to state and defend itself.

If the examination is suspended for the candidates, the provincial education examination institution shall hold a hearing to examine the facts and circumstances of cheating according to the candidates' application.

Twenty-sixth educational examination institutions shall make a decision on the handling of examination violations, which shall specify the name of the person or unit being dealt with, the facts and legal basis for handling, the contents of the decision, the relief channels, the name of the institution making the decision and the time for making the decision.

The decision to deal with the violation of the examination shall be delivered to the person being dealt with in a timely manner.

Twenty-seventh candidates or examination staff who are dissatisfied with the decision made by the education examination institutions to deal with violations may apply to the higher education examination institutions for review within 05 days from the date of receiving the decision; If you are dissatisfied with the decision made by the provincial education examination institution or the institution undertaking the national education examination, you may also apply to the provincial education administrative department or the competent department authorized to undertake the national education examination for review.

Twenty-eighth educational examination institutions and educational administrative departments that accept the application for review shall review the illegal facts and applicable basis identified in the decision, and make a review decision in accordance with the following provisions within 30 days after accepting it:

(a) decided that the facts are clear, the evidence is conclusive, the application basis is correct, the procedure is legal and the content is appropriate, and decided to maintain it;

(two) in any of the following circumstances, the decision is revoked or changed:

1. The illegal facts are unclear and the evidence is insufficient;

2. The application basis is wrong;

3 in violation of the provisions of these measures.

The educational examination institution that made the decision shall compensate the candidates for the losses caused by the wrong decision.

Twenty-ninth applicants who are dissatisfied with the review or handling decision may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Thirtieth education examination institutions shall establish a national education examination candidates integrity file, record and save the relevant information of national education examination cheating candidates. 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 candidates in the national education examination can be inquired by relevant social parties according to the application, and relevant information can be provided to the enrollment institutions in time as a reference condition for enrollment.

Thirty-first provincial education examination institutions shall timely summarize the handling of illegal candidates and examination staff in this area, and report to the national education examination institutions.

Chapter IV Supplementary Provisions

Thirty-second the examination room as mentioned in these Measures refers to the closed space for the implementation of the examination; Examination center refers to a specific place where several examination rooms are set up and independent examination activities are conducted; The so-called examination area refers to a specific area composed of several test sites set up by provincial education examination institutions for the implementation of national education examinations.

Thirty-third part-time master's degree national examination, China People's Liberation Army higher education self-study examination and other education examinations at all levels can be handled with reference to these measures.

Article 34 These Measures shall come into force as of the date of promulgation. Previously, the Provisions on Handling Violations of National Education Examinations promulgated by the Ministry of Education was abolished at the same time.