On The Binding Force Of Technical Standards In Civil Trials

With the progress of technology and the development of economy,technical standards play a more and more important role in social life.In present law system,it is hard to regard technical standards as “law”.Standardization Law is still under revision,and there are also some problems in the system of technical standards.The civil cases consist of many different types of cases,including contract cases and tort cases.The tort cases are comprised of common tort cases and special ones.Special tort liability cases,such as the environmental tort cases,have been the focus of academic discussion.Although technical standards often have great influence on civil trials,the relevant studies are inadequate,the theory about binding force of technical standards are still not clear,and the judgements on similar cases are not consistent.Based on relevant theory,the thesis makes a detailed analysis on the binding force of technical standards using a large number of highly representative judicial cases.The types of technical standards,the interpretation of technical standards,and types of cases may all have impacts on the binding force of technical standards.Technical standards are a type of normative documents with strong binding force,but they don’t belong to administrative regulations.It is necessary to allow the court to have the right to review technical standards,but it is not appropriate for the court to start the review itself.There is obvious difference between the binding force of compulsory standards and voluntary standards,and the binding force of technical standards are different in contract cases and tort cases.In contract cases,technical standards can affect the formation of breach of contract.In tort cases,the binding force of technical standards are closely related to the constituting elements of the tort liability.For example,in the cases with no-fault principal of liability,the binding force of technical standards are not distinct.Finally,the framework about the binding force of technical standards in civil trials are set up based on detailed analysis.