Abstract:Governance of surrogate examtaking has experienced the policy transformation from “soft constraint” to “criminal punishment”, and finally formed the “doubletrack” governance framework. Taking surrogate examtaking into criminal punishment is a system design that forces people to become good men by raising the illegal cost. But according to the analysis of its effect, it does not mean that the behavior of surrogate examtaking will be reduced or even eliminated. Punishment can prevent the consequences of evil in general, but it cannot eradicate evil itself. Governance of surrogate examtaking requires a strong intervention of criminal law, but more importantly we need to wipe out the social soil that breeds the cheating. In addition to strictly implementing the punishment, we should also weaken the functions of exam as “interest distributor” and “social filter”, cut their interests chain, improve the social credit system, and purify peoples mentality of flippancy and utility.