结合审议中的《国家教育考试法》这一立法背景,对两方面问题进行分析:一要全面理解“依法治考”的内涵,“依法治考”不仅是治考生,也要治考官。惟有如此,才能推进教育考试行政的法治化进程;二要说明立法只是“依法治考”的第一步,还应该重视执法,实现法律实效。考试作弊成因繁复,道德成本的约束是一个很重要的因素,因此,除了法治化之外,还应将外在的法律规范内化为人们行为的习惯。 In connection with the legislative background of the National Education Examination Law under consideration, we analyze two aspects: First, we must fully understand the connotation of “governing according to law”; and “governing according to law” is not only a matter of examining candidates, but also Governance examiner. Only in this way can we push forward the process of rule of law in the administration of examinations for education. Second, we must show that legislation is only the first step toward the “administration according to law.” Emphasis should also be laid on enforcing laws and bringing about legal results. Exaggerated exam cheats, moral cost constraints is a very important factor, therefore, in addition to the rule of law, the external legal norms should be internalized into people’s behavior habits.