Order of the Ministry of Justice of the People’s Republic of China
No.114 "Measures for Handling Disciplinary Actions in the National Judicial Examination" was considered and adopted at the ministerial meeting of the Ministry of Justice on September 11, 2008, and is hereby promulgated and shall come into force as of the date of promulgation. On July 29, 2005, Decree No.97 of the Ministry of Justice issued the Measures for Handling Disciplinary Actions in the National Judicial Examination, which shall be abolished at the same time.
Minister Wu Aiying
Two? ? September 16th, eight years.
Measures for handling violations of discipline in national judicial examination
Article 1 These Measures are formulated in accordance with the relevant provisions of the Measures for the Implementation of the National Judicial Examination in order to strengthen the administration of the national judicial examination, enforce the examination discipline and ensure the smooth implementation of the examination.
Article 2 These Measures shall apply to applicants, examinees and examination staff of the national judicial examination.
Article 3 The judicial administrative organ shall deal with the disciplinary actions of the applicants, examinees and examination staff of the national judicial examination according to these Measures.
In accordance with the provisions of these measures, invigilators shall deal with disciplinary violations in accordance with the provisions and accept the supervision of judicial administrative organs.
Article 4 To deal with violations of the national judicial examination, the facts shall be clear, the evidence conclusive, the procedures standardized and the applicable provisions accurate.
Article 5 If an applicant provides false certification materials or defrauds the registration by other means, the judicial administrative organ at the place where the registration is made shall make a decision that the registration is invalid; Those who have already taken the examination shall be treated as invalid by the judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government; Those who have obtained legal professional qualifications shall be revoked by the Ministry of Justice, and their Legal Professional Qualification Certificate shall be withdrawn and cancelled.
Article 6 Candidates who commit any of the following acts shall be given a verbal warning by the invigilator in the examination room where they are located and ordered to make corrections; If it is still not corrected after verbal warning, the invigilator in the venue will be ordered to leave the examination room and the judicial administrative organ in the place where the invigilator is registered will decide to cancel his examination results:
(a) in violation of the provisions of carrying books, notes, newspapers, manuscripts, electronic supplies, communication tools and other items into the examination room;
(2) Answering questions before the start of the examination or continuing to answer questions after the end of the examination;
(three) thirty minutes after the start of the exam, the name, the admission ticket number or the bar code are not filled in the position indicated in the test paper and answer sheet (answer sheet);
(4) whispering and glancing around during the examination;
(five) making noise, walking around or having other behaviors that affect the order of the examination in the examination room;
(six) did not sit in the position consistent with my admission ticket number;
(seven) the pen for answering questions does not meet the requirements;
(eight) copying questions or taking my answers out of the examination room;
(nine) unauthorized access to the examination room during the examination;
(ten) there are other violations that need to be dealt with accordingly.
In case of any of the circumstances specified in Item (1) of the preceding paragraph, while giving corresponding treatment, the examinees shall be ordered to hand over the relevant articles to the invigilator in the venue for unified custody.
Article 7 If a candidate commits one of the following acts, the examiner, the director of the examination site where the invigilator is located, decides to give him the order to leave the examination room, and the judicial administrative organ where the examination area is located decides to give him the treatment that his examination results in that year are invalid:
(1) Plagiarizing, viewing or eavesdropping on the written and audio-visual materials related to the examination contents brought into the examination room in violation of regulations;
(2) Having been found to be carrying electronic cheating equipment after the examination;
(three) to discuss, gesture and other ways to convey the answer information;
(4) exchanging examination papers and answer sheets (answer sheets) with others;
(5) Peeking at or copying other people’s answers or agreeing, acquiescing or assisting others to copy their own answers;
(6) Marking the answer sheet (answer sheet) as a reminder or signing it at a non-signature place;
(7) Deliberately damaging examination papers, answer sheets (answer sheets) and bar codes or taking them out of the examination room;
(eight) there are other violations that need to be dealt with accordingly.
Eighth candidates have one of the following acts, the judicial administrative organs of provinces, autonomous regions and municipalities directly under the central government shall decide to give them the treatment that their examination results in that year are invalid and they shall not sign up for the national judicial examination within two years; If it is found on the spot, the examiner, the director of the test center, decides to order it to leave the test room, and the judicial administrative organ at the place where the test area is located shall report it to the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government for handling according to the above provisions:
(a) by others as an impostor or each other to take the exam;
(2) Receiving or sending information related to the examination content by using communication tools and electronic products during the examination;
(3) Deliberately obstructing invigilators or other examination staff from performing their duties;
(4) Threatening, insulting or beating invigilators or other examination staff;
(five) other serious cheating or serious disruption of the order of the examination room.
If any of the circumstances specified in the preceding paragraph constitutes a violation of public security administration, it shall be handed over to the public security organ for handling.
Article 9 If an examinee commits any of the following acts, the judicial administrative organ of a province, autonomous region or municipality directly under the Central Government shall decide to give him the treatment that his examination results in that year are invalid and he shall not be allowed to register for the national judicial examination for life; If it is found on the spot, the examiner, the director of the test center, decides to order it to leave the test room, and the judicial administrative organ at the place where the test area is located shall report it to the judicial administrative organ of the province, autonomous region or municipality directly under the Central Government for handling according to the above provisions:
(1) The circumstances specified in Items (1) and (2) of Paragraph 1 of Article 8 are serious;
(2) instigating or organizing cheating in exams or participating in organized cheating;
(3) Having other particularly serious cheating behaviors.
Under the circumstances specified in the preceding paragraph and suspected of committing a crime, it shall be handed over to judicial organs for handling.
Article 10 The following suspected cheating cases found in the marking process shall be confirmed by the marking expert group:
(1) The examinees shall mark the answer sheet (answer sheet) with tips;
(two) the handwriting of the candidates’ answer sheet (answer sheet) is inconsistent;
(three) two or more volumes (including two volumes) of the answer text expression, the answer information point error is highly consistent (similar).
The specific criteria for confirming the circumstances specified in the preceding paragraph shall be formulated by the National Judicial Examination Center. If the marking expert group confirms that the examinee has the circumstances specified in the preceding paragraph and there is other relevant evidence to prove that his cheating is established, the Ministry of Justice shall, according to the facts and circumstances of his cheating, and in accordance with the relevant provisions of these Measures, give the examination results of the current year invalid, and shall not sign up for the national judicial examination within two years or for life.
Eleventh examination staff have one of the following acts, the judicial administrative organ shall stop them from continuing to participate in the examination work:
(a) do not conscientiously perform the duties of the examination work;
(two) in violation of the relevant provisions of the national judicial examination, resulting in consequences.
Article 12 If an examination staff member commits any of the following acts, the judicial administrative organ shall stop him from continuing to participate in the examination, and make a ban on him from engaging in the judicial examination, and at the same time give corresponding punishment or suggest his unit to give corresponding treatment; Suspected of a crime, transferred to judicial organs:
(1) Granting registration and issuing admission tickets to persons who do not meet the registration requirements;
(2) conniving at or sheltering applicants and candidates from violating discipline;
(three) during the examination, the examination papers and answer sheets (answer sheets) are taken out or sent out of the examination room without authorization;
(4) changing the start or end time of each exam without authorization;
(five) unauthorized exchange of the examination room responsible for invigilation;
(6) Assisting examinees in answering papers by express or implied means;
(7) losing or damaging the test paper in transportation, receiving and storage, or losing or seriously damaging the answer sheet (answer sheet) in invigilation, marking and score verification;
(eight) instigating or organizing cheating in exams or participating in organized cheating;
(nine) before the start of the examination, the contents of the examination questions are leaked;
(ten) rumor, interception, theft, unauthorized opening of unopened test papers or stealing sealed answer sheets (answer sheets);
(eleven) stealing, altering the answer sheet (answer sheet) or changing the results without permission;
(twelve) without the approval of the relevant examination information released to the public;
(thirteen) taking advantage of the examination work to ask for bribes, accept bribes or seek other illegitimate interests;
(fourteen) there are other serious violations of discipline.
Article 13 If invigilators or other examination staff find that the examinees have violated the discipline stipulated in these Measures during the examination, they can take necessary evidence preservation measures for the tools, materials and related papers and answer sheets (answer sheets) used by the examinees for cheating while implementing on-site treatment measures in accordance with these Measures, and should record the facts and circumstances of the examinees’ violation, the evidence of cheating and the on-site treatment situation in the Disciplinary Action Report, which shall be handled by two people.
After the examination, the Disciplinary Action Report and relevant evidence shall be submitted to the judicial administrative organ where the test area is located after being examined and confirmed by the director of the test center.
Article 14 For the disciplinary actions of applicants, examinees and examination staff, the examiners in charge and the relevant judicial administrative organs shall record and sign the report on disciplinary actions, and the relevant judicial administrative organs shall make a written decision and affix their official seals.
If the examinee is given the cancellation of the examination results, the examination results in that year are invalid, and he/she is not allowed to sign up for the national judicial examination for treatment within two years or for life, the judicial administrative organ that made the decision shall make a decision on the treatment of disciplinary violations in the national judicial examination, and serve the decision on the treatment of disciplinary violations in the national judicial examination to the person being treated within ten days from the date of making the decision.
Article 15 Before the examinee makes a decision to cancel the examination results in this field, the examination results in that year are invalid, and it is forbidden to register for the national judicial examination within two years or for life, the judicial administrative organ shall inform the examinee of the facts, reasons and basis for making the decision, and inform the examinee of the right to state, defend and request a hearing.
Sixteenth applicants, examinees and examination staff who are not satisfied with the disciplinary decision made by the judicial administrative organ may apply for administrative reconsideration or bring an administrative lawsuit according to the relevant laws and regulations.
Seventeenth examination staff in the examination of disciplinary actions, there are acts of taking revenge or framing the examinee, the judicial administrative organ shall give corresponding punishment or suggest that their units give corresponding treatment.
Eighteenth applicants, candidates, examination staff due to disciplinary action, the judicial administrative organ that made the decision shall inform the unit concerned.
Nineteenth provinces, autonomous regions and municipalities directly under the central government, the judicial administrative organs shall, after the end of the national judicial examination every year, report the situation and the results of the examination violations in their respective regions to the Ministry of Justice for the record. In the process of examination organization and examination, especially serious examination violations shall be reported to the Ministry of Justice in a timely manner.
The judicial administrative organs of provinces, autonomous regions and municipalities directly under the Central Government shall establish annual archives of examination offenders and their handling results.
Article 20 The term "judicial administrative organ at the place where the examination area is located" as mentioned in these Measures refers to the judicial administrative organ at the municipal level with districts where the examination area is located, the judicial administrative organ at the district (county) of the municipality directly under the central government or the judicial administrative organ of the municipality directly under the central government.
Article 21 These Measures shall come into force as of the date of promulgation. On July 29, 2005, Decree No.97 of the Ministry of Justice issued the Measures for Handling Disciplinary Actions in the National Judicial Examination, which shall be abolished at the same time.
Editor: Wang Yuxi
