National Judicial Examination Disciplinary Approaches

Original Language Title: 国家司法考试违纪行为处理办法

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National judicial examination disciplinary approaches

    (September 16, 2008 the Department of Justice announced come into force on the date of promulgation, 114th) first to strengthen the management of the national judicial examination, tightening discipline to ensure smooth implementation of the examination, in accordance with the relevant provisions of the measures for the implementation of the national judicial examination, these measures are formulated.

    Second approach applies to national judicial examination candidates, exam, examination staff.

    Article III judicial administrative organs in accordance with the measures of the national judicial exam candidates, examination, exam staff disciplinary process.

    In accordance with the measures stipulated by the invigilator to deal with the violations, invigilators should be dealt with in accordance with the provisions and accept supervision by the judicial administrative organs.

    Fourth dealt with the national judicial examination a disciplinary offence, shall clearly accurate, irrefutable evidence and procedural norms, applicable provisions.

    Fifth article registration personnel provides false proved material or to other form cheat registration of, by its registration location judicial administrative organ made registration invalid of decided; has participate in exam of, by province, and autonomous regions, and municipalities judicial administrative organ give its when exam results invalid of processing; has made legal career qualification of, by Ministry of Justice revoked grant legal career qualification of decided, and recovered, and cancellation its legal career qualification certificate.

    Article sixth of one of the candidates in any of the following acts, by their examination room proctors personnel giving verbal warning and ordered corrective action; verbal warning is still not corrected, by the invigilator to apply for the Chief invigilator decides to give its ordered to leave the examination room, and register for the district seat of judicial administrative organs decided to cancel their exams results:

    (A) violations carry books, notes, newspaper, manuscript, electronic supplies, communication tools and other items into the examination room;

    (B) the answers before the examination begins, or after the examination continues to answer;

    (C) beginning 30 minutes after the examination in accordance with stipulations in the papers, answer (answer sheet) indicating the location of fill, fill coating name, candidate number, or do not paste barcodes;

    (D) whisper to each other, and look around during the exam;

    (E) noise in the examination room, walk or other affect the order of examination;

    (Vi) location that is not in line with my admission ticket seating questions;

    (G) the answer does not comply with the provisions;

    (VIII) or copy questions I answer out of the examination room;

    (I) the violation without permission and out of the examination room during the examination period;

    (J) the need to give the appropriate treatment of other violations.

    The preceding paragraph (a) provides, in appropriate treatment at the same time, shall order the applicants about the items, referred to the invigilator in custody.

    Article seventh one of the candidates in any of the following acts, by the invigilators may attempt the same test point the Chief invigilator decides to give its ordered to leave the examination room, and register for the district seat of judicial administrative organs decided to give their exams that year handle that is not valid:

    (A) to copy, view, eavesdropping violations into the examination room with regard to the content of text, audio-visual material;

    (B) examination of cheating was found to carry electronic equipment after begins;

    (C) to discuss the mutual gestures, such as passing additional information;

    (D) Exchange with others papers, answer (answer sheet);

    (V) reading, copying others ' answers or consent, acquiescence, assist others to copy my answer;

    (F) answer (answer sheet) for tips on marking or non-signature signature;

    (G) intentionally damaging papers, answer (answer sheet), the bar code or papers, answer (answer sheet) out of the examination room;

    (H) the need to give the appropriate treatment of other violations.

    Eighth article examination personnel has following behavior one of of, by province, and autonomous regions, and municipalities judicial administrative organ decided give its when exam results invalid, and two years within shall not registration participate in national judicial exam of processing; spot found of, by test centers total Proctor people decided give its ordered left examination room of processing, and by couch location judicial administrative organ reported province, and autonomous regions, and municipalities judicial administrative organ according to Qian said provides processing:

    (A) identity impersonation by others or to each other to take the examination;

    (B) in the test process using communication tools, electrical supplies received or send content-related information;

    (C) wilfully obstructs the invigilator or other exam staff carry out their duties;

    (D) threaten, insult, assaulted the invigilator or other exam staff;

    (E) other serious acts of cheating or seriously disrupt the test order.

    Circumstances set forth in the preceding paragraph, activities contravening public security management, public security organs dealing with the transfer.

    Nineth article examination personnel has following behavior one of of, by province, and autonomous regions, and municipalities judicial administrative organ decided give its when exam results invalid, and lifelong shall not registration participate in national judicial exam of processing; spot found of, by test centers total Proctor people decided give its ordered left examination room of processing, and by couch location judicial administrative organ reported province, and autonomous regions, and municipalities judicial administrative organ according to Qian said provides processing:

    (A) the eighth paragraph (a), (b) provides, in serious cases;

    (B) ordered, organized cheating or involvement in organized cheating;

    (C) other serious cheating.

    Circumstances set forth in the preceding paragraph, suspected of a crime, and handed over to judicial organs for handling.

    Tenth in the marking process the following is found to have cheated, confirmed by the marking expert group:

    (A) the candidates answer sheet (answer sheet) tips on marking;

    (B) the candidates answer sheet (answer sheet) handwriting inconsistencies;

    (C) more than two volumes (two volumes) answer text, answer error line information point (identical). Confirm the provisions of the preceding paragraph to the specific criteria formulated by the national judicial examination Center.

    Marking specialists group confirm candidates have the circumstances set forth in the preceding paragraph and other relevant evidence justify cheating behavior, facts and circumstances by the Ministry of Justice in accordance with their cheating, in accordance with the relevant provisions of the measures when test scores invalid two years or life shall not be enrolled in the national judicial examination and treatment.

    11th test staff of any of the following acts, judicial administrative organs shall cease its continued to take part in the examination:

    (A) no examination responsibilities seriously;

    (B) the violation of the relevant provisions of the national judicial examination, and consequences.

    12th examination staff have one of the following acts, judicial administrative organs shall cease its continued to take part in the examination, and to prohibit the processing of its work in the judicial examination, and appropriate disciplinary action or their units give appropriate treatment; a suspected crime, judicial organs dealing with:

    (A) does not meet the conditions of participation of persons shall be allowed to register, release candidate;

    (B) condone or cover up registration, examination-oriented personnel discipline;

    (C) without authorization during the examination papers, answer (answer sheet) or outgoing the examination room;

    (D) unauthorized changes begin or end time of each test;

    (E) without prior approval of Exchange responsible for invigilating the examination room;

    (F) assists the candidates answer sheet by express or implied manner;

    (VII) delivery, receipt, custody papers link loss, damage paper, invigilating and marking, performance verification link is lost, severely damaged answer (answer sheet);

    (VIII) ordered, organized cheating or involvement in organized cheating;

    (I) the leak test before the start of the examination;

    (J) the Gaiden, retain or stolen, unauthorized opening not open paper split or steal sealed answer (answer sheet);

    (11) change, alter responses (answer sheet) or changed without permission;

    (12) to the public without approval of exam-related information;

    (13) use of examination to facilitate a bribe, bribery, or to gain other improper interests;

    (14) there are other serious violations. 13th article Proctor personnel or other exam staff in exam process in the found examination personnel has this approach provides disciplinary behavior of, in in accordance with this approach implementation site processing measures of while, can on disciplinary personnel cheat with of tool, and material and the related papers, and respondents (answer card) take necessary of preservation evidence measures, and should will examination personnel disciplinary of facts, and plot, check of cheat evidence and site processing situation, in disciplinary behavior processing report single Shang made records,

    And by at least two proctors or other exam staff to sign it.

    After the exam, the disciplinary offence report and related evidence reviewed by the test center Chief invigilator upon confirmation, submitted to the couch where the judicial administrative organs.

    Article 14th candidates, examination-oriented personnel, staff disciplinary action in examination, the Chief invigilator, judicial administrative organs shall make record of the disciplinary offence report and signed relevant judicial administrative organ shall make a decision in writing and seal.

    Given to candidates to cancel the examination results, when test scores invalid, within two years or life shall not be enrolled in the national judicial examination, make a decision on judicial administration shall make a written decision on national judicial examination of the disciplinary process and make a decision on the date of the 10th book of the national judicial examination and a disciplinary decision served on dealing with people.

    Section 15th of the examination staff to cancel the examination results, current year test scores invalid, within two years, or for life registration before you sit for the national judicial examinations deal with decisions, judicial administrative organs shall inform the applicants make a decision on the facts, reasons and basis, and inform the applicants shall have, the right to defend themselves and request a hearing.
16th article candidates, applicants, examination staff on judicial disciplinary process is dissatisfied with a decision made by the executive authorities, based on the relevant provisions of the law apply for administrative reconsideration or bring an administrative suit.

    17th test staff misconduct in dealing with the exams, the candidates are relying on acts of personal revenge or framed, judicial administrative agencies should be to give them the appropriate punishment or their units give accordingly.

    18th article candidates, applicants, examination staff as a disciplinary offence is dealing with, and make a decision on judicial administrative agencies should be informed of their unit. 19th province, autonomous region, or municipality directly under the administration of justice organs shall after the end of each year the national judicial examination, examination irregularities in this area and the results reported to the Justice Department filing.

    Test organization and examination of particularly serious examination irregularities that occurred during the event, shall be promptly reported to the Ministry of Justice.

    The provinces, autonomous regions, municipalities directly under the judicial administrative organs shall establish on an annual examination irregularities staff and result files.

    20th article this way, the term "couch seat of judicial administrative organs", refers to the district set the couch where the municipal judicial administrative organs, municipalities of the district (County) judicial administrative organs or the municipal judicial administrative bodies. 21st article this way as of the date of promulgation. Ministry of Justice on July 29, 2005, issued by the national judicial examination, 97th disciplinary measures be repealed simultaneously.

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