Technical Standards And Norms In The Nature Of The Effectiveness Of Research

Song Hua-lin wrote, "On the Rules of the Chief Justice of the effects of norms - the technical standards as the center of the initial observation," the article described some of the scholars at home and abroad to the point of view:In the United States, Justice Holmes agreed that the so-called law was the court how to act on predictions, and certainly not other inappropriate words more than a century ago. After, Gray agreed that the rule of law applied to those who needed the ultimate explanation, saying that "the development of law could not explain itself, its meaning was declared by the court, and on the basis of the meaning declared by the Court, rather than the other, the law was enacted as a law imposed In the community ... .... "This view of the law affected the U.S. realism of law Later so deeply that the law was seen as directly made by the court's decision. Jurists such as the United States Llewellyn said: "The law on the books was not the official imperative that existed in law or civilian officials of the actual activities, especially in the presence of a judge in the trial." And similar concepts for the British scholar Salmon , emphasized Sabouraud Court to determine whether the legal norms of the key role, he wrote in his "jurisprudence" in the book: "All law, no matter how it is formulated, are identified by the court and implement. Rule not recognized and implemented by the courts was not law. Therefore, we determined the true nature of the law as it was not a court of the legislature. "In China, there are legal scholars uphold a similar approach, "whether as a judicial case basis" as "a measure of social norms whether the scope of the law is an important sign." in the legislative process of "Administrative Procedure Law," when legislators and scholars discussed what was the basis for the administrative trial, as well as administrative rules and regulations could become the basis for the trial, the implicit premise of the discussion was "legal norms should be tried with the base effect" . If the law constitutes a trial basis, it is the norm trial. As the judicial organs carry out the trial, the law should be tried as a benchmark, so the logical point of view from the legal norms should be the norms of the trial. Otherwise, if the law is not at the same time trial norms, then the effect of the law showed will not be able to carry out in the trial, which also cann't command or induce people to make something or do something.Domestic and foreign researchers'point of view of the above-mentioned can be summed up as: "The trial is the law norms."On the basis of China's "Administrative Procedure Law," the provisions of Article 52, 53, administrative regulations and technical standards are only in the light of the court to decide cases, not based on. This shows that the trial court in our norms, including laws and administrative regulations, local laws and regulations can not be used as the trial court to decide cases based on the norms become. This is part of the researchers at home and abroad, "the trial is the norm" and a relative point of view.However, in practice the effectiveness of these lower-level technical standards constitute an important basis for administrative law enforcement. And judicial practice in technical standards and administrative cases and civil cases, criminal cases in the field are playing a very important function, which is equivalent to the court case "basis." This forms the conflict during the technical standards, the norms in the nature of law enforcement and the judicial effectiveness . This article attempts to perfect the technology standard-setting process in the process of democratization and the rule of law and clear procedures for the technical standards of the effectiveness of laws and regulations, technical standards and to coordinate and regulate the nature of the conflict between the force of law.The full text is divided into three parts. The first part introduces the normative nature of the technical standards. Most of the technical standards in China as a special administrative regulations have surgery, normative and the results of the three characteristics. Technical standards as a technical one of the most prominent features also include scientific, professional, measurable, objective characteristics of the four. According to technical standards bodies to develop the nature and effectiveness level, most of the technical standards nature of the legal norms are belonging to the scope of administrative regulations, rather than administrative regulations. The national standards, industry standards, local standards are administrative regulations, otherwise, business standards enterprises to develop in-house regulations, which could be said as a standard business enterprise of self-government regulations. The effect of technical standards is the nature of the technical standards for the executive and the executive's relative rights and obligations of the relationship plays the role of judge.The second part introduces the introduction of technical standards in law enforcement and justice in the legal status. In our country there are legal norms, the higher level of effectiveness, the greater the area covered by, in practice, the more bad operation, but those with lower levels of effectiveness, provides a more detailed, easy-to-use reality. The practice of the effectiveness of these lower-level technical standards constitute an important basis for administrative law enforcement. And judicial practice in technical standards and administrative cases and civil cases, criminal cases in the field are playing a very important function, which is equivalent to the court case "basis." Technical standards in real sense, the law plays an effect on the lives and well-being of citizens could be in the form than the sense of laws and administrative regulations, rules and regulations more closely linked. This form of technical standards and norms in the nature of law enforcement, judicial effectiveness of the conflict.The third section describes the development of technical standards to improve the process. this first part introduces the promble of the conflict of the nature of the technical standards ,the norms of law enforcement and the judicial effectiveness, the trends which has continued to expand of the executive power , and further introduces the promble of the lack of some technical standards the poor implementation of practical problems of the technical standards. And the article further states value of the consideration set of technical standards, the development of technical standards is not only science and technology issues, but should be people-oriented, and reflects the values of the public. Through the improvement of the standard-setting process of democratization , the executive authorities, enterprises, associations, experts and consumers, such as multiple interests can participate fully in the main to the development process and the multiple interests can be integrated . Through the improvement of investigative procedures, procedures for notice and comment procedures, procedures for the hearing of the rule of law so that the procedures drawn up technical standards more legitimate, reasonable to solve the lack of some technical standards and could be considered part of a mandatory national standards for the effectiveness of the level from the administrative regulations for the increase in administrative regulations to make it Law enforcement, judicial basis for a direct attempt to ease the technical standards and norms in the nature of law enforcement, judicial effectiveness of contradictions.