Research On The Collaboration Of Technical Standard And Law

The technical standard is closely related to the development of science and technology;it is a technology integrated by formulating the general rules of harmonious and unified;and It has been playing an important role in China's economic and social development for a long time.Technical standards are highly professional,scientific and objective;it not only provides guidance for the development of micro-enterprises,but also becomes an important basis for macro-market regulation,and also provides strong support for the promotion of standardization in China.As two kinds of different social rules,technical standards and law differ greatly in the formulation of procedures,formal characteristics and enforcement effectiveness.Therefore,technical standards cannot be regarded as laws.However,the technical standard should be defined as soft law because it is consistent with the characteristics of soft law in form and substance.The technical standard and law are separate systems,but they have the basis of collaboration in the development of economy and society.The industrial governance and the social governance need technical standards and laws to work together,and the general policy of comprehensively promote law-based governance also put forward requirements for the coordination of technical standards and laws.Meanwhile,in terms of the technical standard and the law itself,Both of them share the common value of good order and democratic consultation,and they have formed a good interaction in long-term practice,which lays a good foundation for the coordination of the technical standard and the law.Then,there are still some problems in the process of the coordination between technical standards and laws,such as backward technical standards and the selection of technical standards in law enforcement and judicial application.In the future,the coordination between technical standards and laws still needs to be strengthened in the formulation and application.They should be updated and revised in time according to social changes,and the applicable rules should be further refined and adjusted.