Several NPC Standing Committee members suggested:
Adding "crime of impostor to cheat in school" to maintain social bottom line fairness
On June 29, the twentieth meeting of the Standing Committee of the 13th National People's Congress considered the draft amendment to the Criminal Law (Eleven) in groups (hereinafter referred to as "draft"). In response to the multiple impostor issues that have aroused strong social attention recently, several members of the Standing Committee of the National People's Congress suggested that the criminal law amendments should provide for corresponding crimes, increase punishment, and maintain social equity.
Existing laws are not sufficient to punish the bad-looking "impersonation to go to school"
Commissioner Zheng Gongcheng said that in the current law, the criminal law sends the strongest signal and has the most significant impact on society. Acts sanctioned by the criminal law are recognized by the society as impossible. The severity of the criminal law determines the society’s criminal behavior. Cognition.
"The draft has made great progress, but it has not responded enough to social concerns. The "high-stakes impostor" that is highly concerned about society should be included in the scope of criminal law sanctions." Zheng Gongcheng said, the recent media disclosed that there have been many impostors in universities in Shandong. Event, this kind of behavior undermines the bottom line of fairness and justice. It is a serious criminal act. This kind of harm is irreparable for the victim. It cannot be solved by the victim’s apology, nor is it an administrative penalty imposed on the victim. If it can be settled, it should be sanctioned through criminal law.
"It is recommended to include frauds in the college entrance examination, especially impersonation phenomena similar to those in Shandong, into the amendments to the criminal law, and increase the punishment. Only by including the sanctions in the criminal law can the college entrance examination be upright and the bottom members have a smooth channel for upward flow and establish The public's confidence in fairness and justice." Zheng Gongcheng said. Several members of the Standing Committee of the National People's Congress agreed with the proposal of Zheng Gongcheng.
Commissioner Liu Jixing said that one of the most basic characteristics of crime is social harm. Stealing and defrauding other people’s money constitutes a crime. It is tantamount to stealing the qualifications of others to enter school, which is tantamount to stealing the development prospects of others and stealing the children of other families The opportunity to learn to struggle to change the fate of families and individuals is much more harmful than the crime of fraudulent theft of money from others. Such crimes seriously violate public order and good customs, seriously violate the moral bottom line, seriously violate the rights and interests of the parties, and seriously violate our examination system, especially The impartiality and authority of the college entrance examination system.
"Cheating in the college entrance examination has already been imprisoned. The act of stealing others' admission qualifications is far more harmful than cheating in the college entrance examination. It is recommended that the topic of this issue be studied, and if the behavior of impersonation for admission is serious, the consequences should be imprisoned. Crack down. The current criminal law does not impersonate crimes. There are crimes of abuse of power, bribery, and bribery. These crimes can also be used to crack down on such acts, but these crimes are not enough to reflect the essential characteristics of impersonation for admission to school. The impostor acts as a warning for the criminals who entered the school," Liu Jixing said.
Li Wei, a member of the Standing Committee of the National People’s Congress, pointed out that the current criminal law can punish imposters for going to school or related to about 10 crimes, such as the crime of negligence of duty, the abuse of power, the crime of favoritism, the crime of bribery, the crime of bribery, fraud, The crime of falsifying national official seals, the crime of organizing exam cheating, the crime of illegally providing answers to test questions, the crime of assassination, the crime of perjury, and the replacement of the crime of criminal law amendments (9), but the punishment is basically the staff of the state organ or There is no corresponding punishment for the “imposter” criminal law for those who let others take the exam.
Citizens’ constitutional right to education is not to be violated, suggesting the addition of "crime to cheat in school"
Zhang Yesui, member of the Standing Committee of the National People's Congress, said that when the Criminal Law was revised in 2015, two new crimes were added to the problem of cheating in exams at the time: "illegal sale, providing test questions, answering crimes" and "crime of replacing exams". After the new regulations were written into the criminal law, cheating in college entrance examinations has decreased significantly in recent years, showing that criminal law punishment has a very large effect.
Zhang Yesui analyzed that, considering that the amendment to the Criminal Law in 2015 mainly solves the problem of cheating in exams, the problem of impersonation to go to school is more serious than cheating in exams. It is recommended to add a crime in the current criminal law, that is, "the crime of impersonation to cheat in school", which can be stipulated as: "Persons who misappropriate others' certificates and identities and impersonate them to go to school or work shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and fines."
Xu Xianming, a member of the Standing Committee of the National People's Congress, said that the widespread use of counterfeiting to infringe upon citizens' right to education is related to poor judicial protection of citizens' right to education. Judicial inaction is also related to insufficient legislative basis. Therefore, it is recommended that this amendment to the Criminal Law add "crimes against citizens' right to education". He pointed out that the criminal act violated citizens' constitutional rights, educational fairness system, citizens' right to name and other personality rights. The punishment for this criminal act can be the ultimate beneficiary, that is, the scholar as the principal offender, and the rest as the accessory offenders, which can reduce the attack surface and capture the main aspects of the contradiction. The establishment of the crime can fundamentally solve such problems .
Strengthening the protection of criminal law for educational fairness and adding "crimes of misappropriation and misuse of others' information"
In terms of the feasibility of conviction, Du Yubo suggested that a provision should be added to the revision of the criminal law to increase the prevention and punishment of the crime of tampering with or embezzling the identity information of others, and strengthen the criminal law protection of fair education. At present, most of the impostor cases are settled only on the basis of civil law, and some of them are subject to administrative punishment or intra-party punishment at the same time of compensation. There is no preventive and punitive measures at the level of criminal law. However, the social hazards of admission fraud and impostor in college entrance examination are no less than cheating in exams. This is a substantial damage to the education prospects of the victims, a serious damage to the credibility of the government, and a blatant challenge to the bottom line of social morality.
"The criminal law has always lacked a crime, namely "the crime of misappropriation and fraudulent use of others' identity." Yu Zhigang, member of the Standing Committee of the National People's Congress, pointed out that related behaviors have continuously touched the public's nerves and have long been resolved in a way to combat accompanying criminal crimes. . For example, the crime of falsifying and altering ID cards, falsifying and altering official documents and seals, embezzling and using others’ identity to go to college, and using others’ facial images to make obscene videos, and using politicians to publish some messages related to social security and stability. And fraudulent people in the financial industry to release news about the financial futures market. "This phenomenon is directly related to fraudulent use or misappropriation of the identity of others."
Yu Zhigang said that it is not a long-term solution to solve these problems in the way of combating concomitant sexual crimes, and it is recommended that the criminal law be revised to add "crime of misappropriation or misuse of others' identity" as appropriate.
China Youth Daily · China Youth Daily reporter Wang Yijun Source: China Youth Daily