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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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(July 29, 2005 the Ministry of Justice, the 97th released as of September 1, 2005) first to enhance examination management, tightening discipline to ensure smooth implementation of the examination, in accordance with the measures for the implementation of the national judicial examination (for trial implementation) of the relevant provisions of, these measures are formulated.
    Second approach applies to national judicial examination candidates and staff.
    Article III judicial administrative organs in accordance with this approach of the national judicial examination, staff disciplinary process. Invigilator or the Chief invigilator pursuant to judicial administrative organs of the principal provisions of and the measures to deal with the violations.
    Moderator, General moderator of misconduct should be subject to judicial oversight of the executive authorities.
    The fourth deal with disciplinary offences should be make clear facts and evidence and procedural norms, applicable and accurate. Fifth candidates have one of the following, by the test Proctor an exam be given verbal warnings, and ordered it corrected. By warning still not corrected of, by Proctor people reported where test centers total Proctor people decided give its terminated this field exam and ordered left examination room of processing: (a) violation provides carry carry books, and notes, and newspaper, and Genko, and electronic supplies, and communications tool, items into examination room participate in exam of; (ii) exam began Qian answer of; (three) exam began 30 minutes Hou still not by provides fill in, and fill coated name, and ticket, of; (four) exam during whisper, and left of; (five) in examination room within smoking, and
    Order sound effects or other examination; (vi) in my sitting position is not the answer; (VII) other answers than those prescribed; (VIII) copy questions or my answers out of the examination room, and (IX) other violations.
    The preceding paragraph (a), should be ordered to remove the items, referred to the invigilator custody.
    Sixth article examination personnel has following case one of, by examination personnel where examination room Proctor people reported where test centers total Proctor people decided give its ordered left examination room and canceled this field exam results of processing: (a) using communications tool or electronic supplies of; (ii) to discussion, and mutual gesturing, way passed information of; (three) entrainment or view and exam about information of; (four) exchange papers (answer card) of; (five) plagiarism others answers or agreed, and acquiescence, and help others plagiarism of;
    (F) answer (answer sheet) non-signature the signature or mark; (g) intentionally damaging during the examination papers, answer (answer sheet) or papers, answer (answer sheet) out of the examination room, and (VIII) other cheats. Seventh article examination personnel has following case one of, by couch location to (City) judicial administrative organ decided give its when exam results invalid of processing; spot found of, by where test centers total Proctor people decided give its ordered left examination room of processing, and candidates registered for the district location to (City) judicial administrative organ decided made Qian said processing: (a) by others impostor or mutual to other identity participate in exam of; (ii) serious disrupt examination room order, or deliberately hamper exam staff perform duties, or threat, and insult, and
    Assault examination staff, (iii) participate in the examination of internal and external collusion cheating; (d) if there are other serious cheating.
    One of the preceding paragraph, by province (district, municipal) judicial administrative organs decided to give them two years to join the national judicial examination process.
    The first paragraph of this article (b) acts in violation of the regulations on administrative penalties for public security, public security organs dealing with the transfer.
    Eighth article examination personnel has following case one of, by province (district, and city) 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 where test centers total Proctor people decided give its ordered left examination room of processing, and reported province (district, and city) judicial administrative organ decided made Qian said processing: (a) participation has Organization cheat of; (ii) has other special serious disciplinary cheat behavior of. Nineth to provide false evidence or other forms of exam fraud, by the provincial (district, municipal) judicial administrative organs deciding to give its year examination results are invalid.
    Legal profession qualification certificate has been made by the Ministry of Justice confirmed as invalid.
    Marking the tenth section found in the following situations, confirmed by the marking expert group: (a) the candidates answer their marks (answer sheet) prompted mark, (ii) the candidates answer scaled (answer sheet) handwriting inconsistencies, (iii) two or more 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 marking expert group.
    Marking specialists group confirmed candidates of the circumstances prescribed in the preceding paragraph, from the Justice Department's decision to grant when the test scores invalid.
    Candidates first paragraph of this article, (c) the provision, by the Ministry of Justice has decided to grant two years enrolled in the national judicial examination.
    11th examination staff has any of the following circumstances, judicial administrative organs shall cease its continued to take part in the examination: (a) the contravention does not discharge the responsibilities of examination, (ii) violation of registration, proposition, printed volumes, paper transfer, storage, marking and other relevant provisions, certain consequences.
    12th article exam staff has following case one of, judicial administrative organ should stop its continues to participate in exam work, and made the exam staff shall not again engaged in judicial exam work of processing, while give administrative sanctions or recommends its where units give corresponding processing; constitute crime of, law held criminal: (a) condoned, and shield candidates cheat of; (ii) exam during unauthorized will papers with out or outgoing examination room of; (three) unauthorized changes exam time of; (four) tips or hinted candidates respondents of;
    (Five) in shuttle, and custody papers, link lost, and damaged papers, in Proctor, and score, and check points, link lost, and serious damaged respondents (answer card) of; (six) directed or organization exam cheat of; (seven) leaked questions content of; (eight) Gaiden, and interception, and steal, and unauthorized open split not open test papers or stole split has sealed respondents of; (nine) substituted, and altered respondents or privately change results of; (ten) using exam work convenience bribes, and bribery or seek other self-interest of; (11) has other serious disciplinary behavior of.
    13th test staff to carry personal revenge or the candidates deliberately framed, verified judicial administrative organs should be seriously dealt with, disciplinary or suggest their units accordingly.
    14th candidates, examination staff disciplinary process as provided herein, judicial administrative organs can be informed in their units.
    15th test staff found in the examination process applicants listed in this way a disciplinary offence, shall make a record handle at the same time, by more than two (including two) invigilator's signature confirmation and signed by the test center Chief invigilator.
    Materials, tools and other candidates for cheating, it shall take the necessary measures to preserve evidence, and fill out the listing, for applicants a decision in force and there is no objection, in accordance with the relevant provisions. 16th article on candidates, the examination staff disciplinary process shall be recorded in accordance with the regulations or a written decision.
    Relevant evidential materials, shall be made by the decision of the judicial administrative archive for future reference.
    17th candidates for judicial disciplinary process is dissatisfied with a decision made by the executive authorities, in accordance with the relevant legal provisions may apply for administrative reconsideration or bring an administrative suit. 18th these measures shall come into force on September 1, 2005.
              Released on March 13, 2002, the Ministry of Justice's national judicial examination of the disciplinary approach (trial) (Ministry of Justice, the 71st release) repealed simultaneously.