Mandatory Product Standard Studies

China’s compulsory product standards is the right to the administrative organs in accordance with the law as a product market access conditions for the judgment of the legal technical basis of a quasi-legal nature of other regulatory documents,the content of the definition of terms and technical parameters,is defined in the WTO /TBT technical regulations,but does not belong to the "Legislative Law" and "Administrative Procedure Law" provides for a kind of administrative law norms.China to protect consumer safety,regulate the production and supervision of products in order and other public welfare purposes to develop mandatory product standards,compulsory product standards in practice,there is a legal nature of the confusion and application of a series of problems,the root cause of which should be traced to the authorization and development of mandatory product standards.Mandatory standards in appearance does not belong to the legal norms.The effectiveness of China’s mandatory product standards from the authorization of laws and regulations,in the authorization mode,according to the need to distinguish between the public interest value of general authorization and specific authorization of two modes of authorization.Specific authorization compared to the general authorization,in the authorization of the content more clearly,as shown in the laws and regulations in the authorization to determine the content and system of product standards required to regulate,and regulations will be some of the standard name or number directly referenced to the standard specific authorization.But the two modes of authorization apply the same procedure and subject,both by the relevant administrative authorities responsible for the development,which is the biggest difference with the law normative process is the lack of filing procedures,the need for review procedures every five years,as well as the differences in the publication process.Thus,from the source of effectiveness,mandatory product standards do not meet all the appearance of the legal norms requirements.On the other hand,according to the substantive judgment standard that can affect the relative rights and obligations and whether it can serve as a benchmark for adjudication,the mandatory product standards are substantially administrative law norms.In the mandatory product standards demonstrated the effectiveness of the practice,the two authorized mode of standards,although there are deviations in the application of the degree of clarity,but both play a role as a factual benchmark for judgment.Determine the application of the law in practice.In terms of administrative organs,it is given product access to the market to confirm the legal technical basis for its implementation of licensing,penalties,mandatory and other product supervision;in terms of the court,it is the benchmark for administrative trials to determine the factual part of the administrative act,is to find the guidelines for the application of the law.Its ultimate role is to regulate the production and consumption of products and regulatory order.The contradiction between appearance and effectiveness requires further exploration of the actual existence of mandatory product standards binding whether the purpose is justified,based on the binding purpose necessary,binding the necessary and binding the interests of the object of infringement and balance of purpose considerations,mandatory product standards binding without doubt has a purpose justified.Under the premise of the purpose of the granting of binding force,the existing problems should be further improved for the exercise of binding force,so that its application rules are clear.Compared to the U.S.federal technical regulations of the normative approach and normative logic,according to the current situation in China,regulate the exercise of its binding force,first of all,should start from the formulation level,strict procedures for its formulation,upgrade its legal status,and in the way it is cited clearly and specifically;secondly,to improve the application of the wrong relief in practice,the introduction of expert review procedures to ensure its proper application.