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How to divide the legal responsibility of Gansu college entrance examination collective cheating and Gansu candidates cheating? ?
Zhao Li, the educational teacher of our newspaper, Sun Tianjiao, a trainee educational teacher of our newspaper

During this year's college entrance examination, Gansu candidates entered the examination room with their mobile phones, and after passing the examination, they photographed papers and sent them to social groups to answer questions, which aroused widespread concern in society.

On the morning of June 8th, the Education Examinations Institute of the Ministry of Education reported that after rapid investigation by the public security organs, it was found that cheating in the exam did not exist before the exam.

The educational administration teacher of Rule of Law Daily interviewed a number of experts and scholars from the field of education today, and they all agreed that this candidate entered the examination room with his mobile phone, photographed the examination paper with his mobile phone, and uploaded it to the Internet to seek the answer.

The interviewed experts said that it is necessary to find out the facts, strictly investigate the responsibility, plug the loopholes, strengthen the supervision of the examination room, strengthen the strict examination discipline, and constantly improve the examination discipline to make every candidate irresponsible.

According to reports, the staff of Gansu Education Examinations Institute told the media that at present, the relevant students are being identified according to the corresponding facts, and will be dealt with according to the relevant regulations after identification.

This candidate's math score is invalid, and he can't take the subsequent college entrance examination.

"Judging from the current situation, the case identified as cheating this time conforms to the provisions of the Measures for Handling Violations in National Education Examinations. Candidates who answer questions by improper means, obtain examination results, or violate the principle of fairness in examinations should be identified as cheating.

It is considered that candidates entering the chat group are in line with the situation of wanting to get the answers to questions.

"Associate Professor, School of Education, Renmin University of China, made a detailed analysis.

detailed educational teachers have learned that education authorities at all levels should make unified preparations and arrangements for the examination room, examination work and information release of the college entrance examination, and set up standardized examination rooms. Even if candidates do not cheat, they do not keep their mobile phones or bring them into the examination room as required, they should dial 755

"The college entrance examination system is serious, which violates the fairness of the examination, affects the authority of the college entrance examination system, and infringes on the fair examination rights and fair admission rights of other candidates, which is an infringement on the right to education in a broad sense.

after detailed analysis, candidates who violate the discipline of the examination room should cancel the examination results of this subject. If they cheat, the examination results at all stages and in all subjects will be invalid. If the circumstances are serious, they can be punished by stopping the examination for one to three years at the same time.

Of course, cheating will be severely punished, but how the mobile phone was brought into the examination room, why the photo was not found, and why it was not blocked when it was uploaded to the network are also concerned.

Is the cheating behavior of candidates "too clever" or is there behind-the-scenes cooperation? What kind of legal responsibilities should different subjects bear for the latter?

The staff of Gansu Education Examinations Institute told the media that the Education Examinations Institute will also investigate the relevant facts, and deal with those responsible for supervision after confirming the facts.

At present, there is no evidence of collusion between invigilators and relevant students.

A teacher who has participated in the supervision of the college entrance examination for many times said that according to the invigilation process, when candidates enter the examination center, someone will scan the students with a security device to check whether they have any illegal items.

Before entering the examination room, the coach reminds the students to put their bags and other unnecessary things in the special bag place outside the classroom.

There are one or two invigilators in the examination room, who are always concerned about the candidates.

"From the perspective of examination discipline, invigilators should strictly implement the relevant regulations and prohibit candidates from carrying mobile phones into the examination room. The invigilator cooperates with the examinee, deliberately letting the examinee enter the examination room with a mobile phone to cheat, rather than being negligent, which may be suspected of a criminal offence.

Yao Jinju, a professor at Beijing Foreign Studies University and executive director of Beijing Education Rule of Law Research Base, said.

After taking photos, it was uploaded to the network. As for the problem that the signal was not blocked, many experts bluntly said that whether it was a technical problem or a man-made reason needs to be further clarified.

In detail, shielding cell phone signals is a simple preventive measure, and it is considered impossible to prevent all improper behaviors. Especially under the condition of new technology, it is more difficult to prevent fraud, and the fraud of candidates itself is secret, so it is not possible to directly target employees because of fraud, so it is necessary to investigate their scope of responsibility and specific behavior.

Cai Hailong, deputy dean of the Institute of Education Policy and Law of the School of Education of Capital Normal University, told the educational administration teacher that the national education examination laws, regulations and policy documents such as the Measures for Handling Violations in National Education Examination stipulate that the standardized examination venue should have anti-cheating detection equipment by modern scientific and technological means and signal prevention and shielding equipment that interferes with the normal operation of the test. It is stipulated that the system administrator should undergo relevant technical training and assessment, be familiar with the use and troubleshooting methods of wireless signal shielding equipment, and do a good job of inspection, debugging and installation of the equipment before the test to ensure stable operation; The invigilator is required to strictly implement the examination procedures, maintain the order of the examination room, and intercept and inspect illegal items when candidates enter the venue.

these regulations constitute a complete closed loop of contraband management.

"Generally speaking, if this closed loop works normally, candidates are unlikely to enter the venue with their mobile phones.

The occurrence of mobile phone use by candidates in the exam shows that the local examination room is poorly managed, and the supervisors and other relevant personnel are negligent and suspected of failing to perform their duties according to law.

"Cai Hailong said.

In fact, during the college entrance examination in 223, there were similar cases of students cheating in Hubei.

Experts said that while metal detectors, signal shields and other technical equipment are widely used, improper use of mobile phones still occurs. It is necessary to profoundly sum up the lessons, find out which links have gone wrong, improve the level of technical prevention, and fill the security loopholes in the test site in time.

It is reported that after the cheating incident of candidates in Gansu Province, the Education Examinations Institute of the Ministry of Education once again requested the local education examination institutions to further strengthen the supervision of the follow-up examination rooms, be strict in discipline, and resolutely safeguard the fairness and justice of the college entrance examination.

In this regard, the interviewee said that the quick investigation and timely response of the Ministry of Education to this incident is affirmative and crucial.

At present, the college entrance examination is still in progress. Making the authoritative survey results public in time will help dispel social doubts, calm the mood of the majority of candidates and maintain the examination order.

"After the investigation results come out, we need to investigate the responsibility.

It is also necessary to further strengthen the education and legal training for the Ombudsman, so that he can know the possible legal responsibilities of various behaviors.

In the management of candidates, it is necessary to strengthen the integrity education of candidates, incorporate the college entrance examination into the social integrity file, and realize the linkage of information throughout the network.

"Yao Jinju said.

In detail, invigilators should conscientiously perform their invigilation duties and immediately stop invigilation in violation of relevant regulations, and the education examination institutions will give corresponding administrative sanctions according to the seriousness of the case.

those who have participated in cheating, organized crime or profiting from exams, if the circumstances are serious enough to constitute a crime, shall be investigated for criminal responsibility by judicial organs according to law.

for Cai Hailong, the urgent task of "administering the examination according to law" is to speed up the pace of legislation and study and formulate the experimental method.

although the education law and criminal law have relevant provisions including education examination, their contents mainly focus on the handling of illegal examinations, and fail to form a systematic legal norm for the whole process of education examination.

Examination activities in modern society involve more and more related people, activities and personnel.

The application of high-tech, information and intelligent means has led to organizational fraud, which has further increased the difficulty of experiment organization and management.

In order to enhance the seriousness, standardization and authority of the national education examination, and ensure the legitimate rights and interests of the majority of candidates, Cai Hailong has formulated a special examination law, which clearly defines the status, functions and related rights and obligations of the central and local examination institutions in legal form, and regulates all aspects such as proposition, registration, examination, admission, etc.

This newspaper reported on June 8

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