"依法治考"与教育考试立法

"Managing Exams According to the Law" and the Enaction of National Educational Testing Law

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。

Based on the National Educational Testing Law which is still under deliberation, two problems are explored: on the one hand, it is necessary to understand 'Managing Exams According to the Law' in an all-round, way, because the law will not only govern the examinees, but also the examiners. Only by doing like this can we legalize the administration of educational testing. On the other hand, enacting laws is only the first step in 'Managing Exams According to the Law', so the implementation of the law should be emphasized so that the laws can have real effects. The reasons of cheating in testing are very complicated, but the restriction of moral costs is a very important factor. Therefore, besides the legalization of testing system, it is also necessary to change the rules of law into a kind of habits in people's conducts.