On The Legal Attribute Of Technical Norm

There have always been two opposing views on the discussion of the legal nature of technical specifications.One side considers technical specifications as an independent element,while the other side views them the opposite.One reason for the divergent views is that technical norms are not like social norms(or substantive law),with rights and obligations as the main content.Due to the limitation of historical conditions,scholars' extension of technical specifications is focused on the technical specifications of law.With the increasing complexity of the social environment,the role of technology in social life has become increasingly prominent.The study of technical norms is gradually revived in the sector law.We are in an era of rapid technological development and many social fields are covered by artificial intelligence.Therefore,technical specifications will be used more widely and the impact will be more profound.This article continues the context of the predecessors,combines the immature reality of technical norms,discusses the legal attributes of technical norms,and puts forward some views and understanding of the legal attributes of technical norms.The body of this article is divided into four parts.The first part is an overview of technical specifications.In this part,the concept of technical specifications is first defined from the connotation and extension.In terms of connotation: Technical norms are those that do not directly reflect or stipulate legal rights and obligations,but have a practical normative effect on people's social relations and behaviors,and are called soft law or living law norms.The extension of technical specifications includes: the technical specifications of the law and other technical specifications.Then,it summarizes the three characteristics of technical specifications: value neutrality,simple structure,and applicable instrumentality.Then the technical specifications were subdivided from the extension.The second part is the theory and practice of the legal attributes of technical norms.It summarizes the theoretical research results of the legal attribute positioning of technical norms at home and abroad.It can be divided into two categories,that is,independent element theory and non-independent factor theory.Regarding practical research,this article discusses the technical specifications of the law separately from other technical specifications.The third part discusses the technical norms in the extraterritorial legal system and its enlightenment to China.The two major legal systems are selected to represent the country and explain the legalization of extraterritorial technical norms.From the aspects of legislation,judicature,law enforcement and observance of law,the significance of enlightenment to the development of rule of law in China is discussed.The fourth part mainly expounds the perfection of the technical specifications of the law during the operation of the rule of law.In combination with the "rule of soft law",it considers that the technical specifications are beneficial to the operation of the rule of law in China.Role of technical specifications.