企业标准自我声明公开性质再讨论——兼论法学原理成为常识乃法治社会之基础

Re-discussion on the Self-declaration Disclosure of Enterprise Standards—— the Principles of Law as Common Sense and Foundation of Society Ruled by Law

本文从法学权利与义务关系的原理出发,证成企业标准权及其内容,企业标准的法定义务及其规制,主张企业标准自我声明公开,是企业的权利而非义务,作为企业义务存在的是保证公开信息的真实、准确与可溯,自我声明公开由此成为矫正经营者与消费者信息不对称的标准化制度通道。

Based on the principle of legal rights and obligations, this paper justifies the standard right of enterprises, as well as clarifies the contents and the statutory obligations of the standard right. Self-declaration of enterprise standards is a right rather than an obligation of enterprises. The statutory obligations of the standard right should include ensuring the authenticity, accuracy and traceability of public information. Self-declaration could play the role as the means of overcoming informational asymmetry between operators and consumers supplied by the standardization laws.