Chapter I General Provisions
Article 1 In order to standardize the identification and handling of violations of the national education examination, safeguard the fairness and justice of the national education examination, and protect the legitimate rights and interests of the personnel who participate in the national education examination (hereinafter referred to as candidates) and the personnel who engage in and participate in the national education examination (hereinafter referred to as examination staff), according to the "Education Law of the people's Republic of China" and relevant laws and administrative regulations These measures are formulated.
Article 2 The national education examination referred to in these Measures refers to the entrance examination for ordinary and adult colleges and universities, the national postgraduate entrance examination, the self-study examination for higher education, etc., which shall be determined and implemented by the education administrative department of the State Council and undertaken by the approved institutions implementing the education examination, which shall be open to the public and held in a unified manner. The results shall be regarded as the enrollment of students with academic qualifications or the acquisition of academic qualifications recognized by the state Test activities on which the degree certificate is based.
Article 3 These Measures shall apply to the identification and handling of the examinees, examination staff and other relevant personnel who violate the examination management regulations and examination discipline and affect the fairness and justice of the examination.
The cognizance and treatment of violations of national education examination should be open, fair, legal and appropriate.
Article 4 the administrative department of Education under the State Council and the administrative department of Education under the local people's governments at various levels shall be responsible for the administration and supervision of the organization of national education examinations nationwide or locally.
The educational examination institutions at all levels that undertake the national education examination shall be responsible for the specific implementation of the relevant examinations and, in accordance with these measures, shall be responsible for the identification and handling of the examination violations.
Chapter II identification and treatment of violations
Article 5 if a candidate fails to abide by the discipline of the examination room or the arrangement and requirements of the examination staff, and commits one of the following acts, he shall be deemed as violating the discipline of the examination:
(1) Bringing items other than those specified into the examination room or not putting them in the designated place;
(2) Failing to take the examination at the prescribed seat;
(3) Answering questions before the signal of the beginning of the examination is sent out or continuing to answer questions after the signal of the end of the examination is sent out;
(4) Peeping, whispering, exchanging signals or gestures during the examination;
(5) Making noise, smoking or carrying out other acts that affect the order of the examination room within the scope prohibited by the examination room or educational examination institutions;
(6) Leaving the examination room without the permission of the examination staff during the examination;
(7) Take the test paper, answer paper (including answer card, answer paper, etc., the same below), draft paper and other test paper out of the examination room;
(8) Answering questions with pen or paper other than those specified, or writing names and test numbers in places other than those specified in the examination paper, or marking information on the answer paper in other ways;
(9) Other behaviors that violate the rules of examination room but have not yet constituted cheating.
Article 6 a candidate who violates the principles of fairness and justice in the examination and commits one of the following acts in the course of the examination shall be regarded as cheating in the examination:
(1) Taking materials related to the examination content or electronic equipment storing materials related to the examination content to participate in the examination;
(2) Plagiarizing or assisting others to plagiarize the answers to examination questions or materials related to the examination contents;
(3) Seizing or stealing another person's examination papers or answers or coercing another person to provide convenience for plagiarism;
(4) Carrying a device with the function of transmitting or receiving information;
(5) Taking part in the examination in the name of another person;
(6) Deliberately destroying examination papers, answers or examination materials;
(7) Fill in the name, examination number and other information inconsistent with my identity on the answer sheet;
(8) Passing or receiving articles or exchanging test papers, answer papers or draft papers;
(9) Other behaviors of obtaining or trying to obtain the answers to test questions and test scores by improper means.
Article 7 If an educational examination institution or examination staff finds one of the following behaviors during or after the examination, it shall be deemed that the relevant examinee has cheated in the examination:
(1) Obtaining examination qualification, bonus qualification and examination results by forging certificates, certificates, archives and other materials;
(2) In the process of marking papers, the answers are identical;
(3) The discipline of the examination room is disordered, the examination order is out of control, and there is a large area of cheating in the examination;
(4) The examination staff assist in the implementation of cheating, which is verified afterwards;
(5) Other behaviors should be identified as cheating.
Article 8 examinees and other personnel shall consciously maintain the examination order and obey the management of the examination staff, and shall not have the following acts disturbing the examination order:
(1) Deliberately disturb the order of examination sites, examination rooms, marking places and other examination workplaces;
(2) Refuse or hinder the examination staff to perform their management duties;
(3) Threatening, insulting, slandering, framing or otherwise infringing upon the legitimate rights and interests of examination staff and other candidates;
(4) Deliberately damage the examination facilities and equipment;
(5) Other acts that disturb the order of examination management.
Article 9 If a candidate commits one of the acts of violating discipline in the examination listed in Article 5, the examination results of the subject shall be cancelled.
If the examinee has one of the cheating behaviors listed in Article 6 and Article 7, the scores of each stage and subject of the examination he has signed up for are invalid; if he has taken part in the self-study examination of higher education, the scores of each subject of the examination are invalid.
Under any of the following circumstances, the examination may be suspended for one to three years depending on the seriousness of the circumstances; if the circumstances are especially serious, the examination may be suspended for one to three years at the same time:
(1) Organizing gangs to cheat;
(2) Sending and transferring the information of examination questions outside the examination room;
(3) Using relevant equipment to receive information to cheat;
(4) Forging or altering ID cards, admission cards or other supporting materials, and allowing others to take part in the examination instead of or on behalf of candidates.
If the examinees who take part in the self-study examination of higher education commit serious cheating as mentioned in the preceding paragraph, they may also be given the treatment of delaying the graduation time for one to three years, and the examination results will be invalid during the period of delay.
Article 10 if a candidate commits any of the acts listed in Article 8, he shall terminate his continued participation in the examination of this subject, and his scores in all subjects registered for the examination at that time shall be invalid; if the behavior of the candidate and other personnel violates the law of the people's Republic of China on administrative penalties for public security, it shall be dealt with by the public security organ; if a crime is constituted, it shall be investigated for criminal responsibility by the judicial organ according to law.
Article 11 If a candidate obtains the corresponding degree certificate, academic certificate, other academic certificate, qualification certificate or enrollment qualification from the examination results obtained by cheating, the certificate issuing authority shall declare the certificate invalid and order him to take back the certificate or confiscate it; if he has been admitted or enrolled, the admission school shall cancel the admission qualification or his student status.
Article 12 under any of the following circumstances, the educational examination institution shall notify the school to which it belongs, and the school shall deal with it seriously in accordance with the relevant provisions until it is expelled from school or dismissed:
(1) Taking part in the examination instead of the examinee or by others;
(2) Organizing gangs to cheat;
(3) To provide test information, answers and corresponding equipment for cheating organizers to participate in gang cheating.
Article 13 examination personnel shall conscientiously perform their duties. In the process of examination management, organization and marking, if they have any of the following behaviors, they shall stop taking part in the national education examination of the current year and the next year, and the educational examination institution or the unit to which they belong shall give corresponding administrative sanctions according to the seriousness of the circumstances:
(1) Those who should evade the examination work but conceal it;
(2) Changing the time, place or arrangement of the examination without authorization;
(3) Prompting or implying candidates to answer questions;
(4) Taking examination questions, answers or relevant contents out of the examination room or delivering them to others without authorization;
(5) Failing to conscientiously perform their duties, resulting in disorder, serious cheating in the examination room, or damage to the video materials, or failure of the video system to work normally;
(6) Serious dereliction of duty in grading and grading, resulting in obvious mistakes, omissions or integral errors;
(7) Changing the detailed rules of grading without authorization or failing to grade according to the detailed rules of grading;
(8) Failing to perform their duties seriously, resulting in the appearance of identical papers in the examination room they are responsible for;
(9) Divulging, without authorization, information that should be kept confidential, such as grading or unifying and dividing papers;
(10) Other violations of invigilation, marking and other administrative provisions.
Article 14 If an examination worker commits one of the following cheating acts, he / she shall stop taking part in the state education examination, and the educational examination institution or the unit to which he / she belongs shall give corresponding administrative sanctions according to the seriousness of the circumstances, and transfer him / her from the examination post; if the circumstances are serious enough to constitute a crime, the judicial organ shall investigate the criminal responsibility according to law:
(1) Providing false certificates, certificates and files to those who are not qualified to take part in the national education examination, so that they can obtain the qualification of examination or examination staff;
(2) Due to dereliction of duty, the examinee fails to attend the examination on time or suffers heavy losses in the examination work;
(3) Using the convenience of invigilating or engaging in examination work to provide conditions for examinees to cheat;
(4) Forging or altering candidates' files (including electronic files);
(5) Organizing answers outside the field and providing answers for candidates;
(6) Instigating, conniving at or conspiring with others to cheat;
(7) Illegally changing or altering the candidates' answers, examination scores or the original records of the examination room;
(8) Altering, fabricating or falsely reporting examination data or information without authorization;
(9) Taking advantage of the convenience of examination work to ask for bribes, accept bribes or use power for personal gain;
(10) Those who frame up or retaliate against candidates.
Article 15 Due to the disordered management of educational examination institutions and dereliction of duty of examination staff, the discipline of examination centers or examination rooms is disordered and cheating is serious; or more than one fifth of the examination rooms in the same examination center at the same time have the same papers, the education administrative department shall cancel the qualification of the examination center to undertake the national education examination in the current year and the next year; one or more examination rooms in the self-taught higher education examination area shall In case of disordered discipline and serious cheating in the examination of more than one major, the higher education self-study examination administration shall give the examination area a warning or suspend the examination of the corresponding major for one to three years.
In case of large-scale cheating, the relevant responsible person and person in charge of the examination center and the person in charge of the examination district shall be given corresponding administrative sanctions; if the circumstances are serious enough to constitute a crime, the judicial organ shall investigate the criminal responsibility according to law.
Article 16 In case of violation of the confidentiality provisions, which causes the loss, damage or leakage of the examination questions, answers and scoring references (including the sub questions and their answers and scoring references, the same below) of the national education examination, or causes a major accident in the candidates' answers within the confidentiality period, the relevant department shall give administrative sanctions to the responsible person and the relevant responsible person respectively according to the seriousness of the case; if the case constitutes a crime, the judicial organ shall give administrative sanctions according to law give criminal sanctions.
In case of theft, damage or dissemination of the national education examination questions, answers and scoring references, candidates' answers and examination scores within the period of confidentiality, the relevant departments shall investigate the responsibility of the relevant personnel according to law; in case of a crime, the judicial organs shall investigate the criminal responsibility according to law.
Article 17 in case of any of the following acts, the education and examination institution shall suggest the unit to which the perpetrator belongs to give administrative sanctions; in case of violation of the law of the people's Republic of China on administrative penalties for public security, the public security organ shall deal with it according to law; in case of a crime, the judicial organ shall investigate the criminal responsibility according to law:
(1) Instigating, conniving at or instructing the examination staff to relax the examination discipline, resulting in disorder and serious cheating in the examination room;
(2) Taking part in the national education examination instead of candidates or by others;
(3) Organizing or participating in gang cheating;
(4) Using authority to cover up cheating or coerce others to cheat;
(5) Infringing upon the personal rights of examination staff and examinees by means of striking, retaliating, framing or threatening;
(6) Offering bribes to examination staff;
(7) Intentionally damaging examination facilities;
(8) Disturbing or impairing the order of examination rooms, marking points and relevant examination workplaces with serious consequences.
If a state functionary commits any of the acts mentioned in the preceding paragraph, the education and examination institution shall suggest the relevant discipline inspection and supervision department to deal with it more seriously in accordance with the relevant provisions.
Chapter III identification and handling procedures of violations
Article 18 in the course of the examination, if the examination staff finds that the examinees violate the discipline and cheat in the examination listed in Article 5 and Article 6 of these measures, they shall correct them in time and record them truthfully; the materials and tools used by the examinees for cheating shall be temporarily detained.
As the basis for determining the fact of violation, the record of violation should be signed by more than two invigilators or inspectors.
The examination staff shall inform the violating candidates of the contents of the record, and fill in the receipt for the temporarily detained items.
Article 19 If an educational examination institution discovers the behaviors listed in Articles 7 and 8 of these measures, two or more staff members shall conduct a fact investigation, collect and keep the corresponding evidence materials, and on the basis of the investigation facts and evidence, identify the violation behaviors of the candidates involved.
If the examination staff discovers that the examinee has violated discipline or cheated through the video, they shall immediately inform the examination staff at the scene and keep the video as evidence. Educational examination institutions can identify the violations of examinees through video playback.
Article 20 the examination center shall collect the record of violation of rules and regulations of examinees, and the summary shall be submitted to the higher education examination institution for handling in accordance with the provisions of these measures after the examiners sign for confirmation.
Article 21 In the enrollment examination of ordinary and adult institutions of higher learning and the self-study examination of higher education, if the examinee violates the discipline in the examination listed in Article 5, the provincial education examination institution or the municipal education examination institution shall make a decision, and the decision made by the municipal education examination institution shall be reported to the provincial education examination institution for the record, The municipal educational examination institutions shall sign their opinions and report them to the provincial educational examination institutions for treatment. The provincial educational examination institutions may also require the municipal educational examination institutions to submit materials and evidence for direct treatment. In case of any act of disturbing the examination order listed in Article 8 of these measures, the municipal educational examination institutions shall sign their opinions and report them to the provincial educational examination institutions for treatment in accordance with the provisions of the preceding paragraph Students and other personnel who violate the laws and regulations of public security administration shall be handled by the local public security department. In case of cheating in the examination listed in Article 7 of these measures in the process of marking papers, the provincial education and examination institutions shall make a decision and inform the Municipal Education and examination institutions.
The irregularities of candidates in the national postgraduate entrance examination shall be recognized by the examination organization, and the decision shall be made by the relevant provincial education examination organization or the organization entrusted by it.
The violation behavior identified in the video playback review of national education examination room shall be recognized by the provincial education examination institution and made a decision.
The handling of the violation of regulations by candidates participating in educational examinations of other countries shall be determined by the examination institutions that undertake the relevant national educational examinations with reference to the provisions of the preceding paragraph.
Article 22 the administrative department of education and other relevant departments shall directly intervene in the investigation and handling of cheating in a large area in the examination centers or examination rooms, or in the case that it is necessary to supervise the educational examination institutions.
If a case listed in Article 14, 15 or 16 occurs and the circumstances are serious, it shall be handled jointly by the provincial administrative department of education and other relevant departments and reported to the administrative department of Education under the State Council in a timely manner; if necessary, the administrative department of Education under the State Council shall participate in or directly handle the case.
Article 23 If the examination staff violate these measures in the examination room, examination site and marking process, the person in charge of the examination site and marking site shall temporarily