Ministry Of Education On The Revision Of The National Education Examination Irregularities Decision Approach

Original Language Title: 教育部关于修改《国家教育考试违规处理办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700369595.shtml

Ministry of education on the revision of the national education examination irregularities decision approach

    (Released January 5, 2012 the Ministry of education, the 33rd since April 1, 2012) to further protect exam security, maintaining the order of examination, and regulate the handling of irregularities in the national education examinations, and safeguard the legitimate rights and interests of personnel serving in national educational testing, the National Education Ministry of Education decided to test an illegal approach made the following modifications: A, and will second article modified for "this approach by said national education exam is refers to General and adult college admissions exam, and national postgraduate admissions exam, and higher education self-study exam,, by State education administrative sector determine implementation, by by approved of implementation education exam of institutions hosted, oriented social public, and unified held, its results as recruit degree education students or made national admitted degree, and degree certificate according to of test activities.

    ”

Second, the sixth subparagraph is amended as: "candidates against the examination principles of fairness, impartiality, in the course of examination of any of the following acts, should be convicted of cheating in the exam:"

(A) be amended as: "carrying materials associated with the content or store information associated with the content of electronic equipment test;" (c) "forced another copy for yourself provides a convenient", changed to "coercion of others for their own copy provides a convenient;"

Subsection (d) is revised as follows: "carry capable device to send or receive information;" Paragraph (I) is amended as: "the others through improper means or acts that are trying to get answers to questions, exam results.

    ”

    Third, the seventh paragraph (a) in the "test and test scores" is amended as: "the test, plus qualifications and test scores";

    (B) be amended as: "in the marking process was identified as an answer the same;"

    Four, the eighth subparagraph is amended as: "candidates and other personnel should maintain the examinations order, subject to examination of management, without disturbing the order of examination of the following:"

(C) is amended as: "threatening, insulting, defamatory, framed or otherwise abuse examination staff, legal rights of the other candidates;"

Added as paragraph (d): "damage to test facilities and equipment;"

    Former paragraph (d) the amendment to subsection (e).

Five, the Nineth article modified as follows: "candidates have cheating set out in sixth, seventh, and each stage of the exam, all subjects is not valid participation in higher education of self-taught examination, when test results are invalid.

Have one of the following, depending on the seriousness, and suspended its participation in the test 1-3 the circumstances are especially serious, can be also suspended its participation in the various national educational testing 1-3:

(A) the organized group of cheating;

(B) the test is passed, the information is sent outside the examination room;

(C) use a cheat device to receive information; (D) forging, altering identity cards, ticket and other supporting material, replace or replace by others candidates took the exam.

” One paragraph is added as the fourth paragraph: "higher education self-study test in the preceding paragraph seriously cheating or delay graduation 1-3 years, test scores during the delay is invalid.

    ”

    In article VI of the tenth "the Security Administration punishment regulations" is amended as "People's Republic of China Law on administrative penalties for public security."

Seven, the 12th article is revised as follows: "student at school, teachers have one of the following circumstances, educational institutions should be informed of its schools, by schools according to the relevant provisions dealt with until expulsion or dismissal:

(A) instead of candidates, or by any other person instead of taking examinations;

(B) the organized group of cheating; (C) in order to test cheating organizers information, answers and appropriate equipment, such as cheating involved in gangs.

    ”

Section VIII, 13th paragraph (iv) increases as subparagraph (e): "seriously carry out their duties, caused the disorder occurs is responsible for the examination room, cheating serious damage, video or video data system does not work properly;"

(E) to paragraph (f), one of the "integral error" is amended as "integral error".

    Subsequent ordinal number followed by extended.

    Section nine, at the 16th "for national education examination reference questions, answers, and score is lost," after "damages,".

    Ten, the 17th subparagraph is amended as: "any of the following acts, recommended by the educational institutions where the penalties in violation of the People's Republic of China Law on administrative penalties for public security, dealt with by the public security organs shall constitutes a crime, the judicial organs shall investigate the criminal responsibility:"

    Paragraph (b) is amended as: "instead of candidates, or by any other person instead of taking national educational testing;"

(C) is amended as: "organizing or participating in gang cheated;" One paragraph is added as the second paragraph: "national staff with the behavior of the preceding paragraph, educational testing agency should propose that the discipline inspection, supervision departments, in accordance with the relevant provisions.

    ” Adding a paragraph to article Cheung in the 19th, as the second paragraph: "the examination staff found cheating in examination discipline, via video, shall immediately notify the staff in field tests, and should save the video as evidence. Educational institutions can use video replays, to found the candidates involved irregularities.

    ” 12 article in the 21st, after the two paragraphs, respectively, as the second paragraph: "the candidates to participate in the national postgraduate entrance examination in the violation, by institutions of the Organization of the examination finds that the relevant provincial educational institutions or organizations commissioned by the its examination to make a decision.

    ” Third paragraph: "the national education examination identified irregularities in the video replays to review by provincial educational institutions identify and make a decision.



    The original second paragraph for the fourth. 25th the second paragraph of article 13, be modified to: "stop test by giving candidates, candidates, education institutions at the provincial level shall hold a hearing, review, verification of the facts, circumstances and other cheating.

    ” Article 14, the 29th is revised as follows: "the applicant against the decision of the review or decision, may apply for administrative reconsideration or bring an administrative suit.

    ” Section XV, the 30th is amended as: "educational institutions shall set up the national education examination candidates credit file, record, retain information on cheating in national educational testing staff.

   National Education examination candidates to record information in a credit file without legal procedure, no organization or individual shall remove, change. National Education examination candidates file integrity can be queries that apply to accept social parties concerned, and shall promptly provide information to admissions schools or units, as a condition of enrollment reference.

    "Report: national educational testing violations approach 2012 (revised) (May 19, 2004, People's Republic of China Ministry of Education published on January 5, 2012, the Ministry of Education Decree 18th 33rd release from April 1, 2012, of the Ministry of education's decision to amend) 

    Chapter I General provisions article code for violations of the national education examination to determine and deal with and maintain fairness and impartiality of the national education examination, security personnel participating in national education examinations (hereinafter candidates), and staff involved in the work of the national education examination (hereinafter examination staff) the legitimate rights and interests, in accordance with the People's Republic of China Education Act and related laws, administrative regulations, and these measures are formulated.

    Second national education examination mentioned in these measures refers to ordinary and adult college entrance exam, the national postgraduate entrance examination, higher education self-study examination shall be formulated by the Administrative Department of education determine the implementation, by implementation of approved educational testing contractors, community-oriented open, unified, and the result as the enrolled degree students or obtain a certificate of national recognition of academic degrees based on the testing activities.

Article to participate in the national education examination candidates and examination staff and other relevant personnel, management violations and examination discipline, determination and treatment affect the behavior of test fairness, impartiality and procedures apply. 

    For national educational testing violations identified and the process should be open, fair and legitimate right.

Article fourth educational administrative departments under the State Council and local people's Governments at all levels of educational administrative departments in charge of the national or regional organization management and supervision of the work of the national education examination. 

    Contractors responsible for educational institutions at all levels of the national education examination about the concrete implementation of the examination, in accordance with this approach, is responsible for the identification and processing of examination irregularities.

Chapter II violations identified and candidates deal with the fifth article did not comply with the test discipline, does not submit to the examination staff and requirements, any of the following acts, should be convicted of examination irregularities: (a) bring into the examination room other than those provided for items or is not in the specified location;

(Ii) not in provides of seat participate in exam of; (three) exam began signal issued Qian answer or exam end signal issued Hou continues to answer of; (four) in exam process in the next glimpse, and whisper, and mutual playing sign or gestures of; (five) in examination room or education exam institutions ban of range within, noise, and smoking or implementation other effect examination room order of behavior of; (six) without exam staff agreed in exam process in the unauthorized left examination room of; 

    (Seven) will papers, and respondents (containing answer card, and answer paper,, with), and grass Genko, exam with tape out examination room of; (eight) with provides yiwai of pen or paper answer or in papers provides yiwai of place writing name, and test, or to other way in respondents Shang mark information of; (nine) other violation examination room rules but yet constitute cheat of behavior.

Sixth examinees violate the test fair and just principles, in the course of examination of any of the following acts, should be identified as cheating: 
(A) carry and exam content related of material or storage has and exam content related information of electronic equipment participate in exam of; (ii) plagiarism or assist others plagiarism questions answers or and exam content related of information of; (three) Rob, and steal others papers, and respondents or stress others for himself plagiarism provides convenient of; (four) carry has sent or received information function of equipment of;

(Five) by others fake instead of participate in exam of; (six) deliberately destroyed papers, and respondents or exam material of; (seven) in respondents Shang fill in and I identity inconsistent of name, and test,, information of; (eight) biography, and received items or exchange papers, and respondents, and grass Genko of; (nine) other to not due means get or tries to get questions answers, and exam results of behavior. Seventh article education exam institutions, and exam staff in exam process in the or in exam end Hou found following behavior one of of, should finds related of candidates implementation has exam cheat behavior: (a) through forged documents, and proved, and archives and the other material get exam qualification, and added points qualification and exam results of; (ii) marking process in the was finds for answers similar of; (three) examination room discipline chaos, and exam order runaway, appeared big area exam cheat phenomenon of; (four) exam staff assist implementation cheat behavior, 

    Afterwards verified and (v) other acts that should be regarded as cheating.

Eighth article candidates and the other personnel should consciously maintenance exam work places of order, obey exam staff of management, shall not has following disrupt exam order of behavior: (a) deliberately disrupt test centers, and examination room, and marking places, exam work places order; (ii) refused to, and hamper exam staff perform management duties; (three) threat, and insult, and defamation, and framed or to other way against exam staff, and other candidates lawful rights and interests of of behavior;

(D) wilful damage to test facilities and equipment; 

    (E) other acts of disturbing the order of examination administration.

Nineth candidates one of the fifth test violations listed in section, test scores to cancel the account.

Candidates have cheating set out in article sixth, seventh in one of the various stage of the exam, the results null and void, participation in higher education of self-taught examination, when test results the results null and void.

Have one of the following, depending on the seriousness, and suspended its participation in the test 1-3 the circumstances are especially serious, can be also suspended its participation in the various national educational testing 1-3:

(A) the organized group of cheating;

(B) the test is passed, the information is sent outside the examination room;

(C) use a cheat device to receive information;

(D) forging, altering identity cards, ticket and other supporting material, replace or replace by others candidates took the exam.

    Participation in higher education self-study test in the preceding paragraph seriously cheating or delay graduation 1-3 years, test scores during the delay is invalid.

    Tenth Article candidates one of the acts listed in article eighth, continued to participate in the examination shall be terminated, during their exam results invalid; students and other personnel in violation of the People's Republic of China Law on administrative penalties for public security, are handled by the public security organs constitutes a crime, shall be investigated for criminal responsibility by judicial organs. 

    11th candidate of examination results obtained by cheating and thus to obtain the appropriate degree certificates, diplomas and other certificates of studies, qualification certificates or qualifications, certificate issued by a certification authority declared invalid, be ordered to withdraw the certificate or confiscation; have been accepted or enrolled, by admissions school cancellation of admission or their school.

12th student in school, teachers have one of the following circumstances, educational institutions should be informed of its schools, by schools according to the relevant provisions dealt with until expulsion or dismissal:

(A) instead of candidates, or by any other person instead of taking examinations;

(B) the organized group of cheating; 

    (C) in order to test cheating organizers information, answers and appropriate equipment, such as cheating involved in gangs. 

13th article exam staff should seriously perform work duties, in exam management, and organization and the marking, work process in the, has following behavior one of of, should stop its participate in when and the Xia a annual of national education exam work, and by education exam institutions or recommends its where units depending on plot weight respectively give corresponding of administrative sanctions: (a) should avoided exam work is hide not reported of; (ii) unauthorized change exam time, and locations or exam arrangements of; (three) tips or hinted candidates answer of;

(D) unauthorized test questions and answers or related content out of the examination room or passed to another person; (e) does not fulfill duties, caused the disorder occurs is responsible for the examination room, cheating serious damage, video or video information system is not working properly; 

    (Six) in marking, and Commission points in the serious dereliction of, caused obviously of wrong assessment, and leak assessment or points errors of; (seven) in marking in the unauthorized change score rules or not by score rules for marking of; (eight) for not seriously perform duties, caused by is responsible for examination room appeared similar volume of; (nine) unauthorized leaked marking, and Commission points, should to confidential of situation of; (10) other violation Proctor, and marking, management provides of behavior. 14th article exam staff has following cheat behavior one of of, should stop its participate in national education exam work, by education exam institutions or its where units depending on plot weight respectively give corresponding of administrative sanctions, and out exam work post; plot serious, constitute crime of, by judicial organ law held criminal: (a) for not has participate in national education exam conditions of personnel provides fake proved, and documents, and archives, makes its made exam qualification or exam staff qualification of; (ii) for negligence, Led candidates failed to as scheduled participate in exam of or makes exam work suffered major loss of; (three) using Proctor or engaged in exam work of will, for candidates cheat provides conditions of; (four) forged, and variable made candidates archives (containing electronic archives) of; (five) presence outside organization respondents, and for candidates provides answers of; (six) directed, and condoned or with others cheat of; (seven) substituted, and altered candidates respondents, and exam results or examination room original material of; (eight) unauthorized change or made up, and false exam data, and 

    Information, (I) use is convenient, right to bribe, bribery, favoritism and (10) framing, or retaliate against the candidate. 15th article for education exam institutions management chaos, and exam staff negligence, caused test centers or examination room discipline chaos, cheat phenomenon serious; or same test centers same time of exam has 1/5 above examination room exists similar volume of, by education administrative sector canceled the test centers when and the Xia a annual hosted national education exam of qualification; higher education self-study exam couch within a or a above professional exam discipline chaos, cheat phenomenon serious, 

Managed by the self-taught examination of higher education institutions to give the test warnings or stop the test administered the appropriate professional 1-3. 

    For large-scale cheating exam, test-related responsibilities, person in charge and the head of the couch, the departments concerned should be given the appropriate administrative sanctions in serious cases, constitute a crime, shall be investigated for criminal responsibility by judicial organs.

16th in violation of the confidentiality provisions, resulting in national education examination reference questions, answers, and score (including subtitle and reference answers and score, the same below) is missing, damaged, leaks, or the candidates answer sheet occurred during a period of major accidents, by relevant departments depending on the seriousness, were given the responsibility and the person in charge administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs. 

    Theft, damage, spread in the period of the national education examination questions, references, answers and score candidates ' answers, test results, relevant departments shall be investigated for criminal liability of the person concerned constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

17th article has following behavior one of of, by education exam institutions recommends behavior people where units give administrative sanctions; violation People's Republic of China security management punishment method of, by police organ law processing; constitute crime of, by judicial organ law held criminal: (a) directed, and condoned, and inspired exam staff relax exam discipline, led examination room order chaos, and cheat serious of; (ii) instead of candidates or by others instead of participate in national education exam of;

(C) organizing or participating in gangs to cheat; 

(Four) using terms, shield, and cover cheat behavior or stress others cheat of; (five) to combat, and revenge, and framed, and threat, means violations exam staff, and candidates personal right of; (six) to exam staff bribe of; (seven) deliberately damaged exam facilities of; (eight) disrupt, and prejudice examination room, and marking points and the about exam work places order consequences serious of.

    National staff with the behavior of the preceding paragraph, educational testing agency should propose that the discipline inspection, supervision departments, in accordance with the relevant provisions.

    Chapter III infractions identified and handler

18th examination staff exam candidates found during the implementation of this article fifth, sixth exam cheating violation, listed, should be corrected in a timely manner and accurately recording; on candidates for cheating materials, tools, and should be suspended.

Candidates gigs as basis of identified candidate contrary facts, should consist of 2 or more examiners or test Inspector, examination of the Governor to sign it.

    Examination staff shall inform the gig to discipline students, candidates should complete for withholding receipts.

19th educational testing agency found the way to seventh, eighth of the acts listed in article, should consist of 2 or more staff members to investigate the facts, the evidence collection, preservation, and investigations on the basis of the facts and evidence, to found the breaches of the candidates involved. Testing staff found cheating in examination discipline, via video, shall immediately notify the staff in field tests, and should save the video as evidence.

    Educational institutions can use video replays, to found the candidates involved irregularities.
Article 20th test summary candidate gig, after the summary signed by the test centers examiners found that and submitted to the higher education institutions according to the regulations for processing.

    21st article candidates in General and adult college admissions exam, and higher education self-study exam in the, appeared fifth article by column exam disciplinary behavior of, by provincial education exam institutions or city level education exam institutions made processing decided, by city level education exam institutions made of processing decided should reported provincial education exam institutions record; appeared sixth article, and seventh article by column exam cheat behavior of, by city level education exam institutions signed views, reported provincial education exam institutions processing, Provincial education exam institutions also can requirements city level education exam institutions submitted material and the evidence, directly for processing; appeared this approach eighth article by column disrupt exam order behavior of, by city level education exam institutions signed views, reported provincial education exam institutions according to Qian paragraph provides processing, on candidates and the other personnel violation security management legal regulations of behavior, by local police sector processing; marking process in the found candidates has this approach seventh article by column exam cheat behavior of, by provincial education exam institutions made processing decided,

And notify the municipal educational institutions.

Candidates to participate in the national postgraduate entrance examination in the violation, by institutions of the Organization of the examination finds that the relevant provincial educational institutions or organizations commissioned by the its examination to make a decision.

At the national education examination identified irregularities in the video replays to review by provincial educational institutions identify and make a decision.

    Participate in educational testing irregularities by candidates from other countries, undertake the examinations of the national education examination reference specifically identified in the preceding paragraph.

22nd educational administrative departments and other departments concerned in test cheating, examination room large area or need imposed on educational testing agency and under his supervision, should be directly involved in the investigation and processing.

    14th, listed in section XV, 16 cases, the circumstances are serious, dealt with by the Administrative Department of education in conjunction with the relevant departments at the provincial level, and promptly report to the State Council Administrative Department of education when necessary, educational administrative departments under the State Council to participate in or directly for processing.

    Article 23rd examination staff in the examination room, centers and acts in violation of these measures in the marking process, test centers examiners, head of marking should suspend its work and reported to the corresponding educational institutions.

Article 24th place in breach of the provisions of the other exam-related candidates from municipal education examination authority or provincial-level educational institutions to make treatment decisions; municipal education examination authority to make decisions should be submitted to the provincial educational testing agency for the record.

    Other exam-related examination of the site in breach of the provisions of the staff, by the units according to the municipal education examination authority or provincial-level educational institutions to present comments, processing exam results should be submitted to the education institutions.

25th educational testing agency in violation of the exam of individuals or units to make treatment decisions, review violations should be factual and relevant evidence, inform the person or unit to deal with the reasons for the decision and the basis is dealing with people or objects to the violations identified by the fact that the determination of the existence of, and should give its presentations and the opportunity to be heard.

    Stop test by giving candidates, candidates, education institutions at the provincial level shall hold a hearing, review, verification of the facts, circumstances and other cheating.

Article 26th education examination authority shall draw up a written decision of examination irregularities to make treatment decisions, and set forth the human name or company name, the facts and the legal basis for content, relief, treatment decision path and name to make treatment decisions, and make a decision.

    Examination breaches the written decision shall be delivered to be dealing with people.

    27th article candidates or exam staff on education exam institutions made of violations processing decided refuses to of, can in received processing decided of day up 15th within, to its Shang level education exam institutions proposed review application; on provincial education exam institutions or hosted national education exam of institutions made of processing decided refuses to of, also can to provincial education administrative sector or authorized bear national education exam of competent sector proposed review application.

28th accepting an application for review of educational testing, educational administrative departments should deal with violations found by a decision review and how to apply, and in the 30th after accepting, review decisions in accordance with the following provisions:

(A) the decision finds that the facts are clear and evidence, applied properly, procedure, as appropriate, decides to maintain;

(B) Decides to have one of the following conditions, decided to withdraw or change: 1.

Violation of unclear facts, insufficient evidence; 2.

Apply according to the error; 3.

Handler for the violation of these rules.

    Decision education institutions on losses due to wrong decisions to candidates, should be remedied.

    29th the applicant against the decision of the review or decision, may apply for administrative reconsideration or bring an administrative suit. Article 30th educational institutions shall set up the national education examination candidates credit file, record, retain information on cheating in national educational testing staff.

National Education examination candidates to record information in a credit file without legal procedure, no organization or individual shall remove, change.

    National Education examination candidates file integrity can be queries that apply to accept social parties concerned, and shall promptly provide information to admissions schools or units, as a condition of enrollment reference.

    31st education institutions at the provincial level shall timely summary of the violations provided for candidates and examination staff to handle the situation and report to the national education examination authority.

    The fourth chapter by-laws

    Article 32nd test mentioned in these measures refers to the implementation of the test enclosure; alleged test center is set to a number independently of the examination room examination activity of a specific place; said couch was set up by the provincial educational institutions, made up of several test sites, specific areas for implementation of the national education examination.

    33rd part-time for a master's degree the national examinations, the people's Liberation Army higher education self-study examination and education with other levels of violations refer to this approach in the implementation of the exam. 34th article of the rules as of the date of promulgation. Violations of the relevant national education examinations of the Ministry of Education issued regulations repealed simultaneously.