Improve The Practical Problems Faced By China's Technical Regulations System And Countermeasures

As uppermost trade technology measure in current international trade, technical regulations were one of indispensable legal documents in the WTO legal framework. According to legal effect and content, our compellent technical standards should be one of technique regulations. Although progress of technical regulations system construction has been made and our compellent standards increasingly were transformed into conforming TBT request,but many relative problems also rose up. The author analyzes objectively the practical problems and cause in the law position of our technical regulations and in the market attribute of our technical standards and in the supporting exertion of standards. The author thinks that moderate management mechanism of technique regulations should be build up firstly to avoid doing things their own way. A decision or administrative regulation should be released by State Department to stipulate establishment activity of technique regulations, and to define the concept, purpose, scope and principle of technique regulations, and to assort with repeat, antinomy and conflict appeared in the process, and to raise the quality of technique regulations. Our technique regulations system should be melt in to the whole lawmaking system, and arranged from top to bottom by the order of law, administrative regulation, local regulation, rule. And the mode of technique regulations adding standards should be adopted to control the adjusting scope of technique regulations. Then the establishment of technique regulations marking with branch and sort was elaborated, current compellent standards were adjusted into two directions of technique regulations, the willing standards system was established and...