Study On The Preservation And Abolishment Of The Administrative Licenses In The Draft For Comments Of Metrology Law

Four administrative licenses,including standard examination,pattern approval,metrological authorization and qualification authentication,are still retained in The Revised Draft of Metrology Law(draft for comment 2018).It is necessary to evaluate whether these four administrative licenses need to be retained,under the reform of streamline administration,delegate power,strengthen regulation and improve services.In the Metrology Law,the consideration of administrative license should be carried out in combination with the practice of the Metrology Law from the perspective of the regulation theory,on the premise of ensuring the accuracy and reliability of quantity value,on the basis of the flattening trend of quantity value transmission,on the basis of better regulation,on the basis of the current provisions of administrative license law,and on the core of the consideration of the legitimacy of regulatory objectives and tools.The consideration of regulatory objectives should be analyzed from three aspects of regulatory purposes,functions and reasons.The consideration of regulatory tools is mainly analyzed from four aspects: adaptability of regulatory tools and regulatory objectives,implementation and actual effect,whether there are alternative regulatory tools and the impact without administrative license.All the regulatory objectives of administrative licenses in the Metrology Law are legitimate.The standard examination should be compatible with its regulatory objectives,which is a requirement to ensure the accuracy and traceability of the measuring instrument.There may cause confusion of the quantity value if the evaluation of measurement standards is missing.Also,with quantity value dissemination becoming flat,measuring standard still need to be guaranteed.Therefore,the standard examination,as an administrative license,has legitimacy,which shall be retained.However,pattern approval,metrological authorization and qualification authentication have many problems in the implementation,along with they all have alternative tools and regulating measuring instrument,regulating measuring instrument,together with institution of metrological technology and inspection agency can be independent from licensing,which proves that the four administrative licenses we’ve mentioned are lack of legitimacy.Hence to have them reformed and seek other regulation tools as alternatives are becoming resonable.It is suggested that new products of measuring instruments listed in the catalog should be regulated through the certification mode,that institution of metrological technology should be transitional through the "dual-track system",and that inspection agency should be regulated through the self-declaration mode to carry out the technical activities of notarizing data to the society,and that relevant provisions of the submission for review should be revised accordingly.