考试作为人才选拔方式之一,一直以其公开公正著称。多有动机不端者试图通过舞弊等行为获得不应得之利益。我国台湾地区“刑法”有“妨害考试罪”之规定,我国刑法也有“组织考试作弊罪”等立法。从比较法之视角,探究二者之异同,有助于进一步帮助执法者把握立法原意。 Examination as one of the ways of talent selection, has been known for its openness and fairness. Many motivated individuals try to gain unneeded profits through such acts as fraud. In Taiwan, China “criminal law ” has “prejudice to the test of crime ” of the provisions of our criminal law also “organization exam cheating ” and other legislation. From the perspective of comparative law, exploring the similarities and differences between the two can help to further assist law enforcers in grasping the original intention of legislation.