企业产品标准自我声明制度及其法律属性探讨

Study on Self-declaration and Disclosure System of Enterprise Product Standards and Its Legal Attribute

标准化法改革的背景下,国务院提出逐步取消企业产品标准备案制度,建立企业产品和服务标准自我声明公开和监督制度。现行试点和标准化法草案设计的相关规则,仍将自我声明定性为企业的法定义务,实质上维持了现行备案制的核心,将导致向自我声明制改革目标的偏离;应将产品标准自我声明设定为企业拥有的权利,企业可以自由选择是否声明,如何进行声明。企业一旦公开作出声明,便产生了向消费者保证其产品符合其公开承诺的标准之义务,同时也为质量监督部门监管其产品提供重要依据。

Under the background of standardization law reform, the State Council proposed to gradually abolish the enterprise product standards filing system, and establish the Self-declaration and Disclosure System of Enterprise Product Standards. The relevant rules about the current pilot and the draft design of Standardization Law still declare self-declaration and disclosure of product standards as the legal obligation of enterprises. This essentially maintains the core of current filing system, which will lead to the deviation from the reform goal; self-declaration and disclosure of product standards should be set as the right of enterprises, which can choose freely whether to declare and how to declare. Once an enterprise has made a public statement, it is obliged to ensure that its products comply with the standards of its public commitment, and at the same time, the public commitment provides an important basis for quality supervision departments to monitor its products.