《刑法修正案(九)》将替考作弊行为视为犯罪行为,但在相关司法实践过程中还有许多问题等待明确。本文旨在通过对刑法规定的考试范畴的明确、未完成形态的认定、以及考生身份的影响等方面,来探讨新法条适用的问题,同时,学习和借鉴国外的相关经验,为弥补我国替考作弊入刑方面存在的不足提出切实可行的建议。 The Amendment to the Criminal Law (IX) considers the act of cheating on exams as a criminal act, but there are still many problems awaiting clarification in the course of the relevant judicial practice. The purpose of this paper is to explore the application of the new law by clarifying the scope of the examination prescribed by the criminal law, the determination of the unfinished form, and the influence of the identity of the examinee. At the same time, learning from and drawing on the relevant experience of other countries, Put forward feasible suggestions on the shortcomings of cheating in the penalty.