Cheating in college entrance exams is common; ultimately, it stems from insufficient legislation
[5] It is another year of the college entrance examination season, with over ten million students holding their dreams and submitting an important answer sheet in their lives. The college entrance exam, already a relatively fair test for all candidates, also serves as a crossroads in many people's life paths.
Case Summary
[6] Recently, news related to the college entrance exam has been emerging one after another. At the end of May 2020, celebrity Tong Zhuo revealed in a live stream that he was actually a repeat student but had falsified his identity as a fresh graduate, subsequently gaining admission to the Central Academy of Drama, which only accepts fresh graduates. This incident caused a huge uproar online. Tong Zhuo not only ruined his own future but also led to the investigation of a group of public officials who had assisted him in falsifying his academic records. Even the Central Academy of Drama quickly issued a statement revoking Tong Zhuo's enrollment, seemingly marking the end of his path in the entertainment industry.
Unexpectedly, more than a month after the incident, on July 10, Tong Zhuo Studio announced that Tong Zhuo would soon make a comeback, sparking widespread online uproar once again.
Laws and regulations related to exam cheating
"Measures for Handling Violations in National Education Examinations"
[2] Article 7
If an education examination institution or examination staff discovers any of the following acts during or after the examination, the relevant examinee shall be deemed to have committed exam cheating: (1) Obtaining examination eligibility, bonus points, or test scores through forged identification, certificates, files, or other materials...
"Criminal Law of the People's Republic of China"
Article 284: Crime of Illegally Using Devices for Eavesdropping or Secret Photography
Illegally using devices for eavesdropping or secret photography, causing serious consequences, shall be punished with up to two years imprisonment, criminal detention, or surveillance. Article 284-1: Organizing cheating in national examinations prescribed by law shall be punished with up to three years imprisonment or criminal detention, and/or a fine; if the circumstances are serious, the penalty shall be three to seven years imprisonment and a fine. Providing cheating equipment or other assistance to others for committing the crime in the preceding paragraph shall be punished according to that paragraph. Illegally selling or providing exam questions or answers for the exams specified in the first paragraph to others for cheating purposes shall be punished according to the first paragraph. Taking an exam for another person or having another person take an exam on one's behalf for the exams specified in the first paragraph shall be punished with criminal detention or surveillance, and/or a fine.
[1] The author's perspective
According to Article 7, Paragraph 1 of the "Measures for Handling Violations in National Education Examinations," Tong Zhuo's forgery of his status as a fresh graduate fully constitutes cheating in the examination under this provision. It is precisely because of this provision that the Shanxi Provincial Department of Education announced the decision to invalidate Tong Zhuo's college entrance examination scores. However, currently, Tong Zhuo has only faced administrative sanctions such as the cancellation of his college entrance examination scores and the revocation of his enrollment at the Central Academy of Drama. In other words, Tong Zhuo merely returned what was not rightfully his. So, where is the cost for his wrongdoing?
As is well known, Tong Zhuo's act of forging his status as a fresh graduate is indeed wrong. But regrettably, in the Criminal Law, we cannot find a charge corresponding to Tong Zhuo's behavior. Looking through the entire Criminal Law, the only provision related to exam cheating is Article 284 mentioned above, which only specifies criminal circumstances such as organizing cheating, providing assistance for others to cheat, and illegally providing exam questions or answers to others. It is evident that Tong Zhuo's act of forging his status as a fresh graduate does not apply to this provision. So, why is there no corresponding charge in the Criminal Law? Is it because Tong Zhuo's behavior is not egregious enough, or is it a legislative loophole?
In the existing Article 284 of the Criminal Law, using cheating equipment or providing cheating assistance to others can be criminalized. However, Tong Zhuo's act of forging college entrance examination files is not only unfair to other candidates in the same year but also a result of the abuse of public and private power. First, modifying exam files and using fake exam files to take the test—the perpetrator is certainly aware that this is a wrongful act and does it intentionally, which is no less severe than exam cheating. Second, it has a greater impact on society because forging exam files cannot be accomplished by one person alone; it inevitably involves the use of public and private power and various illegal means. Therefore, the act of forging exam files has an even greater impact on society and may even implicate many public officials operating on the edge. In summary, forging exam files is more egregious than existing charges, and legislation should be improved to include it in the Criminal Law as soon as possible for conviction and sentencing to achieve punitive effects.
The reason why college entrance exam cheating incidents are so common is ultimately due to insufficient legislation. Because the cost of making mistakes is low, people take chances and try. In addressing the issue of college entrance exam cheating, improving legislation is a necessary step. Only with sufficiently comprehensive legislation, rigorous enforcement, and severe penalties can a deterrent effect be fundamentally achieved. Currently, legal improvement is just the first step, and what is more important is to provide correct guidance for the thinking and cognition of candidates and their parents. Candidates must understand that even though the college entrance exam seems to determine one's life, it is ultimately oneself who truly determines it.
The college entrance exam carries the hopes of countless candidates for the future and witnesses the fruits of many students' hard work over a decade. It should not be filled with darkness and helplessness but should bloom vigorously like a sunflower. Here, the author sincerely hopes that the path of legal construction can also be bright, and so can our lives.
