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When taking the adult college entrance
exam, a candidate, driven by a fluke mind, asked a friend to take the exam in
his place, only to be caught red-handed when the friend handed in the exam
paper. This seemingly "flawless" impersonation ultimately landed both
individuals in the dock. What consequences will they face?
[Case Review]
In October 2024, during the National
Unified Examination for College Admissions for Adults (hereinafter referred to
as the “Adult College Entrance Exam”), candidate Xiong, believing there was an
opportunity to exploit, conceived the idea of finding someone to take the exam
for him and thus approached its friend Yang to impersonate him in the exam.
During the English exam, when Yang was leaving after handing in the exam paper,
the invigilators detected the impersonation and called the police on the spot.
The public security organ took both individuals to the police station for
investigation. Subsequently, the public prosecution organ filed a public
prosecution with the people's court for the crime of taking an exam on behalf
of another.
After hearing the case, the people's
court held that Yang, having successively held Xiong's ID card and admission
ticket, took the math and English exams in Xiong's place, and thus both shall
be held criminally liable for the crime of substitute for examination. Given
that both individuals pleaded guilty and confessed their crimes truthfully
after being apprehended, the people's court ultimately sentenced the defendants
Xiong and Yang to three months' detention with a three-month probation period
and a fine of CNY 3,000 each for the crime of substitute for examination.
[Judge's Remarks]
I. Integrity in exams is the bottom
line; resorting to trickery will ultimately harm oneself.
Exams are not only a test of knowledge
but also a test of personal integrity and moral character. The
"scores" obtained through cheating means such as exam substitution
are ultimately false. Once discovered, those involved will not only have their
scores canceled but may also face legal sanctions and even long-term negative
impacts on their personal credit and employment prospects. In this case, Xiong
and Yang, driven by a fluke mind, attempted to pass the exam through deceptive
means and ultimately both received criminal penalties, paying a heavy price.
Candidates shall establish correct values, adhere to integrity in exams, and
win the future with their true abilities.
II. The legal boundaries must not be
crossed; those who defy the law must take responsibility.
Some candidates underestimate the
seriousness of exam substitution and even mistakenly believe that it is merely
a "violation" rather than a "crime." According to Article
284a of the Criminal Law of the People's Republic of China, those who
take exams in place of another person or have another person take exams in
their places in a national examination prescribed by law constitute the crime
of substitute for examination. As an important part of the national education
examination system, the Adult College Entrance Exam falls within the scope of
this crime, and any attempt to exploit loopholes or take shortcuts will
ultimately be severely punished by law.
III. Invigilation responsibilities must
be strengthened to jointly build a fair examination environment.
A fair examination environment requires
the joint efforts of multiple parties. Any act of condoning or ignoring
cheating undermines educational equity. Education examination authorities shall
further strengthen invigilation training, strictly implement the identity
verification system of "comparing the person with the ID card," and,
where conditions permit, fully utilize technological means such as facial
recognition to comprehensively enhance the ability to prevent cheating. At the
same time, candidates and the general public shall also actively participate in
supervision and promptly report acts of exam substitution and cheating. Only
when the whole society jointly maintains examination fairness can those who
resort to trickery have no opportunity to exploit, and those who take exams
with integrity receive the rewards they deserve.
[Representative Comments]
Xu Yulan, Deputy to the People's
Congress of Qingpu District, Shanghai, and Principal of Qingpu Jiahe Primary
School
Examination fairness is an important
cornerstone of social fairness, relating to the realization of equal
educational opportunities and social justice. In this case of exam
substitution, the two defendants, driven by a momentary fluke mind and
attempting to evade assessment through improper means, not only seriously
violated examination discipline but also broke national laws, ultimately
reaping what they had sown. The people's court's ruling in accordance with the
law not only demonstrates zero tolerance for illegal and criminal acts but also
firmly upholds the national examination system and ensures fairness for the
vast number of law-abiding candidates.
The conclusion of this case not only
punished the defendants but also sent a clear signal to society that acts that
disrupt the examination order through illegal means such as cheating and exam
substitution will bear corresponding legal consequences in accordance with the
law. It profoundly embodies the basic requirements of integrity and the rule of
law in the core socialist values and further consolidates the social consensus
that "cheating is shameful and integrity is glorious."
Exams are not only a means to test
knowledge but also a touchstone for personal character and social credit.
Scores obtained through fraud will ultimately not write a true life story. Only
by establishing oneself with integrity can one win a future that truly belongs
to oneself.
[Legal Provision Reference]
Criminal Law of the People’s Republic
of China
Article 284a Whoever organizes cheating
in a national examination provided by law shall be sentenced to fixed-term
imprisonment of not more than 3 years or short-term custody, and concurrently,
a fine, or shall be sentenced to a fine only. If the circumstances are serious,
the offender shall be sentenced to fixed-term imprisonment of not less than 3
years but not more than 7 years, and concurrently, a fine.
...
Whoever takes an examination mentioned
in the first paragraph in someone else’s place or asks others to take such an
examination for him shall be sentenced to short-term custody or non-custodial
correction, and concurrently, a fine, or shall be sentenced to a fine only.
