Construction Of Self Declaration System Of Enterprise Product Standards In China

In the process of the revision of standardization law,our country will take the theory of "obligation" as the theoretical foundation to construct the self declaration system of enterprise product standards in order to replace the current filing system.Article twenty-second of Revised draft defines self declaration as a statutory obligation of the enterprise.The legislative design is not so much a new system as the improvement in the framework of the filing system.Indeed,the construction of self declaration system is to strengthen the subject responsibility for the standardization of enterprises,and to improve autonomy of enterprise standards.This is also advocated by the deepening standardization work reform program.We can find that the current design has deviated from and reform ideas.The filing system of enterprise product standards based on the "obligation" theory has exposed obvious drawbacks.It is not really good choice,if we continue to adopt this theory.With the deepening of market economy reform and the strengthening of enterprise autonomy,it is more appropriate to build self declaration system on the basis of "rights" theory.Enterprises are free to choose whether to declare or not.The theory of rights can overcome the disadvantages of the theory of obligation,make up for the defects,give full play to the autonomy of enterprises,protect the legitimate rights and interests of consumers,and conform to the purpose of transforming the functions of government.It is more in line with the international rules to set up the self declaration system as right,which is conducive to the later stage of our country in the field of standardization and further comprehensive docking.However,the system of self declaration based on the theory of rights is applicable only in the field of general product.In the field of health,safety,hygiene and environmental protection,the government should still take the "obligation" theory,or continue to use the filing system.In the end,the enterprise product standard management system will mainly based on self declaration system,and supplemented by the filing system.