By order of the Ministry of Justice No. 71, the Method for Behavior in Violation of Disciplinary Rules for the National Judicial Examination (Trial) was adopted at a meeting of the Ministry of Justice, on March 12, 2002 and is hereby declared to take effect as of March 30, 2002.
Minister of Justice Zhang Fusen
Article 1. This is being drawn up to strengthen management of the exam and exam discipline, and to ensure a smooth examination process in accordance with the Measures for the Implementation of the National Judicial Examination (Trial).
Article 2. Any behavior that violates disciplinary rules mentioned here refers to any action by people taking part in the national judicial examination or examination personnel who violate examination discipline and examination work. Any behavior in violation of disciplinary rules by examinees or personnel will be dealt with accordingly.
Article 3. Any behavior in violation of disciplinary rules will be dealt with accordingly by judicial administration departments. The supervisor has the right to deal with any behavior deemed to be in violation of disciplinary rules accordingly, and any action to deal with behavior in violation of disciplinary rules by a supervisor will be supervised by judicial administration departments and the discipline thereof will be dealt with on the basis of clear facts, solid evidence and the correct application of the law.
Article 4. Any action to deal with behavior in violation of disciplinary rules will be recorded and reported to the leaders and any evidence of behavior in violation of disciplinary rules will be put in a file for future reference by judicial administration departments.
Article 5. Any person who commits one of the following during the exam will be warned and ordered to correct it by the supervisor. Anyone who is warned twice of a violation and who still has not corrected it will be asked by the supervisor to stop the exam and will be ordered to leave the examination room.
a. Using books, reference works, electronic articles, communication tools or other articles.
b. Answering questions before the exam begins.
c. Not providing written name and exam number 30 minutes after the exam begins.
d. Whispering to another person or glancing right and left.
e. Smoking, making noise, or other actions that affect exam order.
f. Answering a question in the wrong place.
g. Answering a question with an undesignated pen.
h. Any behavior that violates disciplinary rules.
Article 6. Anyone who commits one of the following will be considered by the supervisor for dismissal from the exam and be ordered to leave the room.
a. Discussing, giving hand signals, or passing on signals.
b. Bringing in materials relevant to the exam.
c. Exchanging exam papers or answer sheets.
d. Copying other people’s answers or permitting or assisting others in copying.
e. Signing a name on the exam paper where a name is not signed or making marks for the judging personnel.
f. Intentionally destroying or damaging an exam paper, or taking an exam paper out of the exam room.
g. Cheating in any other way.
Article 7. Anyone committing any of the following will be asked by the supervisor to leave the examination room and will be referred to judicial administration departments to declare their grade invalid, and to be denied participation in the national judicial exam for two years by judicial administration departments of the province, region, or municipality:
a. Getting another person to sit the exam by assuming his name or taking the exam in another name.
b. Disrupting the examination room order or intentionally hindering exam personnel in performing their duty, or threatening, insulting, or beating exam personnel.
c. And other serious forms of cheating.
These acts can also be submitted to the public security office to deal with.
Article 8. Anyone who commits one of the following can be asked by the supervisor to leave the examination room, and their grades will be voided invalid and the person will not be allowed by the judicial administration of the province, region, or municipality to participate in the national judicial exam again:
a. Collusion in cheating inside or outside the examination room.
b. Participation with an organization in cheating.
c. Involvement in any other serious act of cheating.
Article 9. Invalidation of a person’s exam grades is the responsibility of judicial administration departments of the province, region, or municipality, if there is evidence of cheating in signing up or taking the exam with falsified materials or other means. The Certificate of Legal Profession Qualification will be declared invalid by the Justice Ministry.
Article 10. If one of the following is discovered in the examination process, the person’s examination grades will be declared invalid by the examination judgment group:
a. Giving hints via paper.
b. Unmatched handwriting on one exam paper.
c. Two or more answers that are similar in their mistake.
The person may also not be allowed by judicial administration departments of the province, regions, or municipality of the exam site to participate in the national judicial exam for 2 years.
Article 11. Anyone found to be committing one of the following will be told to cease examination work by the judicial administration:
a. Failure to perform correct supervisory duties.
b. Violating the stipulations on signing up, paper printing, examination paper transferring, keeping, examination judgment which lead to a certain result.
Article 12. Examination personnel who are found to be committing one of the following will be told to cease examination work and will not be allowed to engage in national judicial examination work anymore, and judicial administrations may suggest that their unit take similar action. If the case appears to involve criminal behavior it will be investigated as such:
a. Involvement with or covering up cheating by an exam taker.
b. Taking or passing an exam paper out of the room without authorization during the exam.
c. Changing the examination time without authorization.
d. Giving hints or suggestions of answers to exam takers.
e. Misplacing or destroying answer sheets while moving about the room, keeping an exam paper, judging or checking grades or similar behavior.
f. Instigating or organizing cheating on the exam.
g. Asking for, accepting, or enlisting the help of others in taking advantage of the examination work.
h. Disclosing the contents of the exam.
i. Passing, cutting, stealing, or tearing an exam paper without authorization before the exam starts.
j. Destroying an exam paper and disclosing secrets or stopping the exam.
k. Secretly changing or altering the answer paper or changing a grade without authorization.
l. Any other behavior that violates discipline seriously.
Article 13. Any examiner who retaliates against or attempts to frame an exam taker will be removed from the job and judicial administrators can suggest that the unit to which the person belongs can take similar action.
Article 14. Any exam personnel who are dismissed because of their behavior can be reported, depending on the seriousness of their act, by judicial administrators.
Article 15. These rulings take effect as of March 30, 2002.