Comparative Study On Water Transport Engineering Technical Regulation And Technical Standards System Between China And UK

Combining the actual condition in our country, It is a necesary requirement of improving government management of water transport engineering construction industry under the condition of market economy, adapting international rules and satisfying the requirement of WTO to set up a complete Port and Waterway Engineering construction technical regulation and technical standard system of China.Our country has formed a complete system of water transport engineering technical standards, but regulation system of water transport engineering technology is just formed preliminarily, that is, extracting from the mandatory standards according to some factors involving directly the safety of people’s life and property, personal health, environmental protection and other public interests, and some requirements on taking into account economic efficiency and social benefits. So the content can not meet requirements of technical regulations under WTO and there is also a gap with the technical regulations in developed countries. Currently, the system of water transport engineering technical standards in our country classifies based on industry, causing the standard provisions be formulated too detailed, so it is hard to exert engineers’creativity; Owing to combining the mandatory standards and voluntary standards system, coupled with the scope of mandatory standards is too wide and the cycle of updating and improving the mandatory content is long, so they lead to some issues such as new technologies, new techniques, and new methods are difficult to integrate into the standard timely. The government departments take on the compilation and management of standard system of water transport engineering technical in our country, it makes a difference because the management system in international is generally based on industry association. So, if having no thorough analysis and research on content and form, the system WTO requires integrating technical regulations and technical standards was difficult to form.This paper firstly defines the theory and concepts, including criteria, standards system, mandatory standards, voluntary standards, technical standards for waterway construction, and the concept of mandatory provisions, then there are clear and precise analysis on system of technical regulations and standards belong to our country’water transport engineering. After that, the thesis analyses characteristics and the main content of Sino-British’legal system of water transport engineering technology, makes structural and systemic comparative studies on level of the laws, regulations and technical guidelines. Comparative analysis our country’ terms of mandatory provisions and technical guidelines which going to transit to technical regulations. Then the paper analyses characteristics and the main content of Sino-British’ standard system of water transport engineering technology, and comparatively analysis Sino-British’ technical standard terms. Meanwhile, this article analyses the compilation and management of Sino-British’ legal and standard systems of water transport engineering technology, and makes structural comparative studies. Finally, based on the comparative analysis, we summarize the following research findings that our legal system for water transport techniques are the lack of relevant content at all levels compared to the UK, having no close links between the various levels, the content of systems of technical standards and technology legal almost consistent, no form common international technical standards, and system of compilation and management is not implemented by the non-profit industry association etc.. The thesis puts forward to corresponding measures for our country’ reform of water transport technical regulation system.