标准实施及其法律规范

Standards Implen mentation and Its Legal Norms

标准的实施是标准化的根本目的。在法治的环境下,标准的实施被赋予法的意义,受法的规范。标准的实施分为直接实施和间接实施。从法律上分析,无论是直接实施还是间接实施,均包含着两种类型:一是实施主体为民事主体,实施行为性质上为民事行为;二是实施主体为公权力机关,实施行为性质上为公权力行为。前者受民法规范,具有私法的意义,后者受公法规范,具有公法的意义。

The implementation of standards is the fundamental purpose of standardization.Under the rule of law,the implementation of standards is given the meaning of law and is regulated by law.The implementation of standards can be divided into direct implementation and indirect implementation.From the legal perspective,whether direct implementation or indirect implementation,has two types:First,the subject of standards implementation is private subject,and the nature of implementation is private acts;Second,the subject of standards implementation is the public authority,and the nature of implementation is public authority acts.The former is regulated by civil law and has the significance of private law,while the latter is regulated by public law and has the significance of public law.