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Innovation And Improvement Of The Compulsory Product Certification System

Posted on:2017-08-15Degree:DoctorType:Dissertation
Country:ChinaCandidate:G J GaoFull Text:PDF
GTID:1316330488472556Subject:Economic Law
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System of compulsory product certification(CCC) is a sort of market access for the government to ensure product safety, public security, environment protection, consumer interests in accordance with legal procedures by the specific institutions,determining whether the products conform to some technical standard. As a basic system in market economy countries,its internal driving force mainly comes from the pursuit for the value of safety,efficiency and order by governments, producers and consumers. With the development of economic globalization, a large number of certification bodies have emerged in the world.Certification services have penetrated deeply in economy, society, environment, the management of governments, education and the protection of human rights and are reshaping the world order gradually. Based on the position of neutrality, objectivity and specialization and "populist" spirit, the concept, content and method of certification have the universal and supranational nature. The certification has the effect of overcoming externals and saving transaction costs, therefore certification bodies will replace the government to regulate market and actually play a role of intervention body in some areas.Between state intervention and social autonomy, compulsory product certification bodies have the general characteristics of the intermediary service organizations, but also have their own specificity. Previous studies about certification mostly confined to its role and influence of certification on government and the market. Over the years, the "effectiveness" of compulsory certification has been criticized, and the value of "Security" and "consumer-oriented" of certification mark has not yet been recognized. The authenticity and validity of the certification information is not only the lifeblood of the certification industry,but also their basic legal obligations. Since entering into the WTO, CNCA has organized many special enforcement actions, but the effect is not so good. The "formalism" of false certification, conspiracy certification and buying certification is still popular. On the other hand, certification procedure, certification mode, the certification product unit division,certification fees and other regulations are not reasonable,resulting in low passing rate of compulsory certification products, the weak effectiveness and the consumer’s risk.In essence, in terms of product quality management, government intervention is not a simple one-way, but double-way intervention. It is necessary for government to face the micro-market regulation to maintain order, but also to intervene certification bodies.Government intervention theories don’t fully apply to certification bodies.The existing mainstream regulation theory has not pay proper attention to this kind of "hybrid regulation".Compulsory certification system is important, but there are also many problems, which issue great challenges for the market economic order and the economic legal system. Therefore, the proposition is: what kind of form and content concerning the legal regulation can make the compulsory certification in our country be the most efficient system,carrying out its function to support market system?For this purpose, the thesis adheres to the problem-oriented method about academic research. Under the “Country- Middle Layer Society- Market" analysis framework in risk society, from the the logical starting point of certification right, the thesis focus on the standardization of legal system through the main line of the effectiveness of certification, and attempts to study the basic category of the compulsory certification system.On the basis of the public governance theory, the social intermediary theory and the morality of law theory, I review and summarize the running rule,features and problems about compulsory certification system under the background of deepened reform of market system, and detail the development, characteristics and trend of foreign compulsory certification system. In the perspective of economic law, I will make a general and basic systematic study to clarify and consolidate the dominant economic law position of the certification bodies, and find the internal causes of insufficient effectiveness. On the macro, the thesis discusses the path selection of innovation and perfection with respect to compulsory certification system in China, and on the micro, certifies clearly strategy tools and legal responsibility mechanism to overcome the inefficiencies of the government’s rules and regulations.In addition to the introduction, this thesis is divided into six chapters, the content of each chapter described as follows:The first chapter is the connotation and theoretical basis about the compulsory certification system. Rational distribution of power and rights among government, middle layer society and market is necessary.The third parties supervise mutually, and promote mutually, which can change the power "dominance" of the government. Certification system originated in the West. Only making its origins and history clear can we explore and discern its inherent functionality and value. With the advent of risky society, compulsory certification system is in great demand, and the principal "security" value of the system is highlighted.This part explains the five factors and significance of compulsory certification system.Where doesthe special regime mechanism exist in compulsory product certification system?So it is necessary to sort out the origin and evolution of the “certification” concept so as to reveal the special nature of the legal relationship of compulsory certification system. From the perspective of power and the rights, this chapter reveals the power source of certification authority, essence and its basic characteristics.Through picking out the public governance theory, social intermediary theory and the morality of law theory, respectively from the perspective of the relationship between the government and the market, intersubjectivity "pluralistic governance" and legal and ethical perspective, it clarifies the rationality of compulsory certification system. On the whole, this chaper makes theoretical ground for the thesis.The second chapter is about the changes and characteristics of compulsory certification system. We learn compulsory certification system from the West.In general. The history has gone through four stages. Our country is developing from being large to being powerful. As a market access system, compulsory certification system is an important part of the Market Regulation Law. It is necessary to sort out its basic content panoramicly, including institutional origin, regulatory system, certification procedures, certification mode and charging system. Good regulatory system, scientific certification process, optimized certification mode, and market-oriented fee system will have positive effectiveness to improve administrative efficiency. The introduction of above factual contents provides materials and basis for generalizing and summarizing regularity characteristics of the compulsory certification system. That is paternalism of government-leading intervention,mixed governance mode of quality control, dependence on international standards, the two-wheel driving mode with production licensing system and social standard concept by economic law adjustment.The third Chapter is about problems and their causes of the compulsory certification system under the deepende reform in market System. Compulsory certification system is very important, but there are many problems in reality. China’s compulsory certification system,from simple imitation to reform, from passive compliance to active inclusion, has put forward constantly in the twists and turns. On the basis of deeply analyzing the panel data of compulsory certification, this part summarizes the socialization of certification agencies, the centralization of certificates and monopolization of the certification market to provide institutional target of reform and innovation. In general, the main problem is reflected in threeaspects:legislative defects, government regulation,and low validity of certification Legislation defect is the source, and the low effectiveness is the representation of the system, soft supervision system is the main reason for the failure. On this basis, through three typical cases,using the game stakeholder analysis, this chapter furtherly analyzes the causes and effects of conspiracy during certification.The fourth chapter is about the investigation and revelation of foreign compulsory certification system. As a transplant, certification has originated and was introduced from the west. Experience can be provided for the reform and improvement through in-depth investigation of the outside. For differences in productive force, cultural and historical tradition, there is no uniform format to run and regulate compulsory certification system in the world, and it performs as a "local knowledge." In an overview of relaxed regulation policy and the turn of administrative regulation right in the world, we can review the content and its running status of national compulsory certification system in the main countries and summarize their models microscopically. The models include standard first and market-driven mode in United States and Germany, legislative norms, government-leading mode in Russia,Japan and India, the collaborative mode in Britain and South Korea. I summarize and analyze the enlightenment and reference to our relevant system from above typical national compulsory certification system, which includes the value of efficiency, the social power reform by law, the configuration structure of the multiple subjects and risk decision method of management.The fifth chapter is about path selection of the innovation and improvement of compulsory product certification system. The compulsory certification system in our country should adhere to the concept of scientific development, the overall sovereignty guidance, the bottom line of quality and safety, and harmonious development of voluntary certification and compulsory certification. Under the background of reform, we should correctly handle the relationship between the two product systems. At the same time, the tendency of over-intervention and under-intervention should ? be overcamed. This part analyzes historical conditions and the advantages and disadvantages between the “Conformity Assessment Act” and “ Technical Surveillance Law” and two kinds of legislative modes,discusses the legislative orientation of the “Conformity Assessment Act”, general framework and legislation, and analyzes the status of the compulsory standards in compulsory certification system, furtherly puts forward the overall orientation,basic principles andsuggestions to revise the “Standardization Law”.The last chapter is to discuss concrete suggestions for innovation and improvement measures of compulsory certification system. Whether the legal system is running well or bad ly depends on design and implementation of its responsibilities. This chapter discusses the legal effect and scope of the compulsory certification system,In order to improve the certification efficiency, it discusses the relationship between market orientation and competition policy, and put forward the specified standards, procedures, rules, right relief way of compulsory certification bodies. It is necessary to perfect the information disclosure mechanism, improving the behavior normative of certification bodies. Finally, from the perspective of innovation and perfection of legal responsibility, this part promotes the construction of the rule by law: setting up a blacklist system to increase the cost of reputation,implementation of the joint and several liability, the experts responsibility system of the factory inspector based on the professional independence.
Keywords/Search Tags:Risk Society, Compulsory Product Certification, Institutional Change, Outside Certification System, Government Regulation
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