Analysis of the Chinese system of conformity assessment
Chinese conformity assessment on the legal level is divided into four layers, the first layer is the relevant laws enacted by the NPC and its Standing Committees, such as the " People's Republic of China Standardization Law ", " People's Republic of China Measurement Law." and so on .More than 20 laws has developed strict rules of conduct to ensure the implementation by coercive power of the state, which covers almost all of our country’s industries requires conformity assessment
The second layer is the administrative regulations enacted by the State Council which is in accordance with the Constitution and the laws mentioned above, to make related departments to exercise executive powers and perform the administrative duties legally right when carrying out conformity assessment. Considering the abstraction of law , therefore we need further specified regulations by the executive in order to effectively regulate the government and its various departments carrying conformity assessment procedures
The third layer is the department regulations issued by related departments and Commissions under the State Council, which is within its purview, and the aim is to adjust the management relations between different departments. And these department regulations consists of a series of regulatory files, and detailed specifications of the different departments’ duty on conformity assessment matters .Meanwhile all these details guarantee our government avoiding cross work or repeat work ,which in the end result in prevarication or omissions
The fourth layer is the national uniform standards in a range of certain industries. Because the different industry involved in the conformity assessment have their own characteristics, in order to improve its efficiency and to follow the habits this industry has well known , the state allows its different industry in the society publish its own industry normative documents
Through the four kind of progressive laws and regulations provided for conformity assessment, conformity assessment has the legal basis for the development, making it not only become the responsibility of national governments, but also the responsibilities of all walks of life, which perfecting the multi-angle promotion of conformity assessment system.
But we should also not ignore the dilemma that Chinese exports meet in the international market, like we often subject to anti-dumping investigations and hampered by green barriers, talking about the deep reason ,some experts say that it’s because qualified domestic products are not identified with the international standards, laws and regulations that are not made specific and proper provisions in the import and export trade field. In such a international background, China has became one of the biggest exporter, to insure more stable development in international market , we will see , China in this regard will be further improved in the next 20 years.