National Education Examination Irregularities Treatment

Original Language Title: 国家教育考试违规处理办法

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(May 19, 2004 Ministry of education makes 18th, released since released of day up purposes) first chapter General first article for specification on national education exam violations behavior of finds and processing, maintenance national education exam of fair, and just, guarantees participate in national education exam of personnel (following referred to candidates), and engaged in and participation national education exam work of personnel (following referred to exam staff) of lawful rights and interests of, according to People's Republic of China education method and the related legal, and administrative regulations, developed this approach.
    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 approved testing contractors, uniform education examination to be held in the country.
    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.
    Second chapter violations behavior of finds and processing fifth article candidates not comply with examination room discipline, not obey exam staff of arrangements and requirements, has following behavior one of of, should finds for exam disciplinary: (a) carry provides yiwai of items into examination room or not put in specified location of; (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;
    (IX) other acts violating exam rules but do not constitute cheating.
    Sixth article candidates against exam fair, and just principles, to not due means get or tries to get questions answers, and exam results, has following behavior one of of, should finds for exam cheat: (a) carry and exam content related of text 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 forced others for himself plagiarism provides convenient of;
    (Four) in exam process in the using communications 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 cheat 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 exam results of; (ii) marking process in the was found same subjects same examination room has two copies above (containing two copies) respondents answers similar of; (three) examination room discipline chaos, and exam order runaway, appeared big area exam cheat phenomenon of;
    (D) examination staff to assist in the implementation of fraud subsequently confirmed 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 examination room and the exam work places 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 exam staff or other candidates; (four) other disrupt exam management order of behavior.
    Nineth candidates one of the fifth test violations listed in section, test scores to cancel the account.
    Candidates have cheating set out in sixth, seventh, and during their exam results invalid, participation in higher education self-study exam candidates, depending on the seriousness, while giving the stopping test 1-3, or delaying the processing of graduation 1-3, stopping test during the exam result 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; candidates and other persons are in violation of the regulations 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 instead of others or replaced by others to participate in the national education examinations are students, seriously dealt with according to relevant regulation by school, until expelled; other persons recommended by the education institutions that their units be given administrative sanctions until dismissal or dismissal, education records and cheating in exams in accordance with government regulations to disclose their personal information.
    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;
    (Four) unauthorized will questions, and respondents or about content with out examination room or passed to others of; (five) in marking, and Commission points in the serious dereliction of, caused obviously of wrong assessment, and leak assessment or points errors of; (six) in marking in the unauthorized change score rules or not by score rules for marking of; (seven) for not seriously perform duties, caused by is responsible for examination room appeared similar volume of; (eight) unauthorized leaked marking, and Commission points, should to confidential of situation of; (nine) 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 one-fifth (containing one-fifth) 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) loss, leak, or the candidates answer sheet occurred during a period of major accidents, by the departments concerned 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 on-the-job personnel and the other personnel has following behavior one of of, by education exam institutions recommends its where units give administrative sanctions or by about sector 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 others or by others instead of participate in national education exam of; (three) participation or organization others for exam cheat of; (four) using terms, shield, and
    Cover up cheating or coercing others to cheat and (v) to fight, revenge, framing, threat of violations of personal rights of examination staff, candidates and (vi) to bribe examination staff; (VII) wilful damage to test facilities, (VIII) disrupt, jeopardize the examination room, marking and exam order of serious consequences in the workplace.
    Chapter III infractions identified and handler clause 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 two or more (including two) examiner or inspector, the examination room 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 two or more (including two) staff 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.
    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 to (City) level education exam institutions made processing decided, by to (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 to (City) level education exam institutions signed views, reported provincial education exam institutions processing, Provincial education exam institutions also can requirements to (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 to (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-level educational institutions to make a decision, and notify the prefectural (City) level education institutions.
    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 by prefectural (City) level educational institutions or provincial-level educational institutions to make decisions (City) level education institutions that treatment decisions should be made by 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 unit base (City) educational testing agency or a provincial education examinations authority opinions, 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.
    Study of the people being stopped, calling for a hearing.
    Article 26th educational institutions exam violation written decision should be made to make treatment decisions, 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 article accepted review application of education exam institutions, and education administrative sector should processing decided by finds of violations facts and applies of according to, for review, and in accepted Hou 30th within, according to following provides made review decided: (a) processing decided finds facts clear, and evidence, applies according to right, program legal, content appropriate of, decided maintained; (ii) processing decided has following situation one of of, decided revoked or change: 1. violations facts finds not clear, and evidence insufficient of; 2.
    Application based on wrong; 3. violation of the handler as provided herein.
    Decision education institutions on losses due to wrong decisions to candidates, should be remedied.
    29th the applicant against the decision of the review or not satisfied with the decision, in accordance with the administrative review law, and the relevant provisions of the administrative procedure law, may apply for administrative reconsideration or administrative proceedings.
    Article 30th educational institutions should establish candidates ' files, records, preserved in the national education information about students cheating in the exam.
    Educational institutions should be subject to social parties concerned queries on the candidate file integrity, and recruitment agencies to provide relevant information in a timely manner.
    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.
    Fourth chapter supplementary articles article 32nd test mentioned in these measures refers to the implementation of the test enclosure; the alleged test was set a number of 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.

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