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《Journal of Jiangsu Police Institute》 2017-05
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The Reasonable Bounds of Taking Surrogate Exam-taking into Criminal Punishment

GUI Ya-sheng;  
The crime of surrogate exam-taking was set up in "Amendment(IX) to the Criminal Law".It provides clear criminal law basis for the regulation of surrogate exam-taking.Compared with other crimes stipulated by the criminal law,the crime of surrogate exam-taking would not inflict much damage to the society.The criminal punishment must be restricted in order to embody the policy of combining punishment with leniency.Taking surrogate exam-taking into criminal punishment should be limited within the scope of"national exam prescribed by law." It means this exam is set up by NPC and its standing committee.Its behavior includes replacing others to exam but not include being replaced by others.The one who takes surrogate exam must have intention to exam for the benefit of others.As for criminal punishment,this behavior should be treated differently,and be given a punishment as lighter as possible.
【CateGory Index】: D924.3
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