The Problem Of Certification Industry In China And Its Legal Solution

With the establishment and improvement of China's socialist market economic system, the certification work has been continuously developed. Certification is an activity conducted by certain certification institutions to prove the conformity of products, services and management system with the relevant technical specification, its obligatory requirements or standard conformity assessment. As a product of market economy, certification has played a role in social economic activities in the following aspects such as the elimination of information asymmetry, protection of the interests of consumers, enhancement of the competitiveness of enterprises, especially in effectively eliminating trade barriers in international trade.Many problems still exist in certification industry, such as the false certification, low and non-uniform standard, attachment of the certification institutions to the executive authorities, less certification authority, unfair competition of certification institutions. The problems lead to the damage of the right of consumers, reduction of the credibility of the government, lowering of the international competitiveness of Chinese enterprises and disorder of market order. The main causes of these problems may be attributed to the interference of the government and enterprises, inadequate laws and regulations, which may be represented by the multiple criteria of certification and lack of supervision. In developed countries, the major feature of the certification system lies in the non-dominant role of the government played in certification activities. The certification institutions are almost NGO. The certification is mainly adjusted by market,The government just plays a macro-control role.In order to solve the problems in certification industry, systematic design in law must be particularly explored. First, it is necessary to formulate a unified standard and a high level of certification; secondly, the main accreditation bodies of certification, must have its main independent legal status to carry out certification work without too much interference with the executive bodies; Furthermore, enhance the legal responsibilities of certification institutions to make it operate carefully and not break the laws. Finally, social supervision should be reinforced to formulate a self-regulation mechanism for the certification activities returning to a legal and standardized track.