The Perfect Path Of China’s Technical Standard Formulation And Implementation Supervision System

Technical standards,as technical requirements in China’s agriculture,service industry,and social undertakings,are the technical basis for economic and social activities and affect all aspects of society.However,due to the professional and technical characteristics of technical standards,the public lacks a systematic and comprehensive understanding of technical standards.As a result,many problems have arisen,which are mainly manifested in two aspects: one is the problems in the standard setting system,such as Due to lack of proper legal procedures,lack of effective update mechanism,and insufficient representativeness of the subject;the other is the problems with the standard implementation supervision system,such as the existence of multiple loopholes in the supervision of inspection and testing institutions and the insufficient enforcement capacity of inspection and supervision institutions.Only by clearly defining its nature can we respond to and resolve all kinds of problems in the system in a complete,proper and detailed manner.Technical standards often play the role of discretionary standards in administrative law enforcement and administrative trials,and they also have a fact-finding role in civil and criminal trials.Technical standards and legal norms are normative.The difference between the two is mainly in terms of sanctions.Technical standards are not strictly legal norms in a strict sense.Although the standards themselves are not compulsory,the observance and enforcement of some standards are closely linked to the implementation of the law and constitute an important part of the implementation of the law.Therefore,while the national coercive force guarantees the implementation of the law,it also gives the standard the effect of compulsory enforcement.If the law cannot be implemented due to non-compliance or non-enforcement of the corresponding technical standards,the state will use coercive force to ensure the implementation of the technical standards.The fundamental reason for the effective implementation of technical standards is that relevant laws and regulations stipulate the obligations and responsibilities of market entities related to the implementation of technical standards,as well as the responsibilities of market supervision entities.Therefore,the law’s enforcement comes from the law itself,and the compulsory nature of technical standards comes from the enactment of laws and regulations.To improve the technical standard setting system,a proper technical standard setting procedure should be established by strengthening the scientific nature of thetechnical standard setting procedure,improving the openness of the technical standard setting procedure,and enhancing the supervision of the technical standard setting procedure.The second is to establish an efficient standard development and update mechanism.Finally,a multi-participation mechanism for the standard-setting process is established.For the improvement of the implementation and supervision system,you can ensure the administration according to law by clarifying the subject of supervision;secondly,determine the supervision target,delineate the list of responsibilities,continuously innovate the supervision method,and strengthen supervision after the event;and finally,play the role of industry associations and the public To achieve a pluralistic co-governance approach.Technical standards,like laws,are important tools for regulating social relations.Even in some areas,laws are difficult to regulate,but technical standards can play an effective role.It is hoped that the discussion of the technical standards in this article will help it to better function in practice.