【摘要】 2021年《行政处罚法》作出了重大调整和修改。考试作弊的行政执法应当从四个方面对《行政处罚法》的修改内容加以贯彻和适用。首先，行政处罚的定义和种类有助于甄别哪些处理属于处罚并区分处罚种类；其次，首违不罚应用于考试作弊的处罚具有多方面的积极意义，应该完善相关配套措施，厘清免罚清单的形式和内容；第三，证据和证明方面，区分考试作弊的证据种类，把准作弊的主观过错，明确雷同卷的认定标准；最后，程序上，应进一步扩大信息公开，增设立案程序，明确法制审核和听证的范围。更多还原

【Abstract】 The Administrative Punishment Law in 2021 has made major adjustments and amendments. The administrative law enforcement of cheating in examinations should implement the revised contents of the Administrative Punishment Law from four aspects. First of all, the definition and types of administrative punishment help to identify which treatments belong to punishment and distinguish the types of punishment. Secondly, the first violation with non-punishment applied to the punishment of cheating in the examination has positive significance in many aspects, so we should improve the relevant supporting measures and clarify the form and content of the exemption list. Third, on the aspect of evidence and proof, we should distinguish the types of evidence of cheating in exams and make clear the identification criteria of the identical papers. Finally, in terms of procedure, the disclosure of information should be further expanded. The filing procedure should be added.And the scope of legal review and hearing should be clarified.更多还原