The Reasonableness Of Quality Award System And The Path Of Legal Improvement

Quality award system is an important incentive system to encourage actors to actively improve the quality level in the macro-quality development framework.Its inherent principle is to reward awards to organizations and individuals who have achieved excellent quality results,so as to stimulate the subjective initiative of the actors,encourage the actors to constantly burst out the power to improve the quality level with a positive incentive mechanism,and guide their behavior to the pre-established quality improvement goals.In view of the traditional sectoral law emphasizing the compulsory and normative nature of law,the quality award system as a promotional economic law has been questioned,and the revocation of the Tong Ren Tang Quality Award has also made the public suspicious of the quality award system.It should be acknowledged that the promotional and guiding attributes of the quality award system do have the possibility of weakening the legal responsibility,but the system is the inevitable result of the change of legislative philosophy and value orientation,and the rationality of the quality award system is confirmed from the perspective of the theoretical basis and the value of the system itself.The quality award system is in line with the "two-factor theory" of legal norms,and is the result of the government’s moderate intervention in the legal norms,playing the incentive function of economic law.The market economy is highly flexible,and the quality award system organically integrates law and policy,which not only has the authority of law,but also incorporates the declaratory nature of policy;in order to ensure a balanced play of the legal function of the system,the quality award system is based on encouraging norms,while setting mandatory norms,forming a dual-track system of protection for economic legal relations.The quality award system certainly has its rationality of existence,but the relevant legal norms have not fully realized its value when designing the system,and there are problems of excessive government intervention and insufficient attention to due process during the operation of the system,which to a certain extent lead to the inadequacy of the system in terms of legal relationship subjects,rights and obligations structure,rights and remedies procedures and follow-up supervision responsibilities.In this regard,drawing on the development experience of developed countries,it is recommended that the autonomous function of social organizations be expanded to avoid excessive government intervention in quality awards;the award criteria for small and medium-sized enterprises and new industries be formulated in a targeted manner to realize the hierarchical distinction of award subjects;the rights and obligations of award recipients be refined and the rights and obligations structure of quality awards be standardized;the rights and remedies mechanism of the quality award system be established to protect the legitimate rights and interests of stakeholders;and a joint governance pattern combining government and society be created to form a diversified and dynamic supervision for the subsequent quality behavior of award subjects.