Research On The Mandatory Questions Of Technical Standards In The Administrative Law

Technical standards,as technical requirements and guidelines for production and management in related fields,are mandatory and non-mandatory,mandatory standards must be implemented,and no mandatory standards are only encouraged.China's "Standardization Law" defines areas related to personal and property safety,national security,and social stability as mandatory areas.The technical standards formulated and implemented in this scope are all mandatory national standards,and other recommendations are recommended.standard.For technical standards,mandatory standards are minimum technical requirements and are basic standards that must be met.Otherwise,personal and property will be damaged and social order will fall into chaos.However,in the practice of technical standards,due to the high degree of professionalism and technical characteristics inherent in technical standards,the relatives generally lack the basic understanding of technical standards;in addition,the practice level is still more common in the implementation of subjective inaction or chaos The phenomenon.These problems have hindered the implementation of technical standards and severely restricted their mandatory performance.One of the important values of technical standards is to provide guidance for the production,life and management of various subjects in related fields.Therefore,the vitality of technical standards lies in implementation,especially with mandatory technical standards.If they are not enforced,they are not implemented well.The relationship between the various subjects in the mandatory field will be disordered,into disorder,and even lead to serious social unrest.The importance of mandatory technical standards can be seen.Thus it is necessary to in-depth analysis from the theory and practice to explore the various factors that restrict the mandatory implementation of technical standards in the implementation process,so that they return to the original trajectory and maximize their social value.The first part of the main body of this paper introduces the status quo and problems of the mandatory effectiveness of technical standards in current practice through a large number of influential social events and cases,mainly reflected in the fact that the technical standards are not clear in legislation,resulting in the lack of mandatory effectiveness.The subject lacks awareness of technical standards and thus causes law enforcement and judicial problems.The second part is based on these dilemmas to analyze the factors that restrict the mandatory implementation oftechnical standards,including the administrative source of the technical standards,the basic cognition of the relatives,the inaction of the law enforcers,and the normative effects of technical standards on judicial trials.The last part puts forward the perfect countermeasures for the reasons.Firstly,from the theoretical point of view,it requires further clarification of the compulsory of the technical standards.Secondly,from the height of cognition,it is necessary to focus on improving the basic understanding of the technical standards of the relatives.The technical standards should be strongly guaranteed at the implementation and supervision levels,and finally the theoretical and practical clarification of the specific role of technical standards in the trial.Although technical standards lack the appearance of law in terms of form,they have a binding effect on administrative organs and relatives in essence,and they are not the same as laws.They are important tools for regulating social relations,and sometimes even play the law.Unable to replace the role.However,such an important tool is far from the public's cognitive field because of its own professionalism,technicality and vague legal positioning,and further causes the lack of effectiveness.With mandatory technical standards,their mandatory should be implemented.It is hoped that the discussion of the mandatory issues of technical standards in this paper can awaken people's attention and deep understanding of technical standards and their compulsory,and help them to play a better role in practice.