Improving the rule of law in metrology requires a quick transformation of concepts

2024-07-05

For over 40 years, China's legislation has always resonated with the overall situation of reform and opening up, providing legal guarantees for the vigorous development and stability of the economy and society. With the rapid development of the times, China's current metrology legal system was established in the 1980s and has undergone five revisions so far. Its basic concepts, adjustment scope, institutional design, and regulatory measures have become difficult to cope with the metrology changes and challenges of the digital age. At present, the Metrology Law has been included in the first category of the Legislative Plan of the 14th National People's Congress Standing Committee. The author believes that in the new situation, to accelerate the comprehensive revision of the metrology law, the following conceptual changes need to be achieved. Firstly, we need to achieve a transformation from "departmental administrative law" to "national basic law". Traditional departmental administrative laws in our country have characteristics such as departmental, managerial, administrative centric, and delayed nature. In practice, departmental administrative laws emphasize the priority of administrative power, which can easily lead to departmental protectionism and local protectionism. The current measurement law is mainly in the field of "legal measurement", which focuses on adjusting the legal relationship between different administrative organs and the legal relationship between administrative organs and administrative counterparts. The former is like the assessment system of public measurement standards, and the latter is like the verification management of measuring instruments. It can be said that the metrology method has a strong "departmental administrative law" color, but there are few regulations on the research of metrology science, innovation of metrology technology, and development of metrology industry. The International Organization for Legal Metrology (OIML) has released the "National Metrology System - Institutional Construction and Legal Framework", which proposes the concept of "National Metrology System" and lists in detail the 24 categories of "metrological activities" covered by the "National Metrology System". The Asia Pacific Legal Metrology Forum (APLMF) proposes the concept of "national metrology infrastructure", which includes two aspects: "traceability" and "legality", both of which together constitute the foundation of metrology law. The above international model law indicates that the metrology law should comprehensively regulate all metrology activities related to a country and is a fundamental law for metrology activities. Therefore, the author believes that China's metrology law needs to transform from a "departmental administrative law" to a "national basic law", and legalize the legal position of metrology in the "national metrology system" and "national metrology infrastructure". For example, in terms of legal concepts, the term "measurement" can be introduced to expand the traditional measurement concept into a "measurement unity" concept that covers the entire process, all elements, and closed-loop management, in response to the practical needs of economic and social development. In terms of adjusting the objects, it is necessary to specify the scientific and technological establishment content of "scientific metrology", especially clarifying the legal responsibilities of national metrology technology institutions. At the same time, relevant content on promoting the application of "industrial measurement" can also be stipulated, so that the measurement method has both "science and technology law" and "promotion law" attributes. Only in this way can we shoulder the responsibility of the Basic Law of the State. Secondly, it is necessary to achieve a transformation from the "physical instrument method" to the "data quantity method". From the ancient agricultural period to the modern industrial society, the measurement standards were manifested as artificial physical instruments. The former was like the "Shang Yang Fangsheng" of the Qin Dynasty in China, while the latter was like the "Miyuan Instrument" of the International Bureau of Weights and Measures (BIPM). With the development of technology and the improvement of human cognitive ability, we no longer rely on traditional physical instruments to define measurement units today. Measurement is undergoing a morphological evolution and paradigm change from "physical" to "digital". At the same time, measurement is developing in combination with digital technologies such as the Internet, big data, artificial intelligence, and digital twins. For example, unlike traditional mechanized measuring instruments, modern people's livelihood measuring instruments generally exhibit a trend of digitalization and intelligence development. Intelligent people's livelihood measuring instruments mainly rely on electronic technology, integrating multiple technologies such as electronics, information, software, communication, and electromechanical control, which can achieve intelligent control of measurement, monitoring, pricing, and charging of measuring objects. Among them, software (algorithms) and sensors become the key factors determining the accuracy of measurement results. How to ensure the unity of measurement units and the accuracy and reliability of measurement values in the digital world has become a new mission of measurement. Compared with traditional physical instruments, standard reference data that combines "metrological traceability" and "standard normativity" is becoming a new paradigm for measurement standards in the digital age. However, the current measurement method in our country is mainly a "physical instrument method", which does not have clear regulations and requirements for measurement results, measurement data, virtual measurement, etc. Therefore, in the new situation, as the core resource and production factor of the digital economy, the author believes that data needs to become the adjustment object of econometric methods, and the corresponding regulatory models also need to be transformed and updated. At the same time, standard materials can be included in the adjustment range to build a new measurement standard system that integrates instruments, materials, and data. Finally, we need to achieve a transformation from the "Supervision and Management Law" to the "National Governance Law". Unlike "management law" which emphasizes the command and control of superiors over subordinates, "governance" emphasizes the transformation from command and control based hard law management to negotiation and cooperation based soft law governance. "governance law" emphasizes the co governance of government, society, and market, and emphasizes respect for society and the market. The current metrology law emphasizes the unified management of metrology work by the metrology administrative department, mainly stipulating the powers and responsibilities of administrative organs, regulatory measures, and the obligations and responsibilities of market entities. The "Supervision and Management Law" has a strong color, and the regulatory measures are also relatively limited, with too much and too strict management, failing to fully mobilize and leverage the resources and forces of all sectors of society. The Metrology Development Plan (2021-2035) points out that metrology is an important support for building an integrated national strategic system and capacity. In the new situation, the author believes that the measurement method should face the mission of modernizing the national governance system and governance capacity, no longer limited to narrow "supervision and management", but should achieve a transformation towards "national governance law". The construction and management of measurement standards and standards, as well as funding support, should not be departmental or localized in order to strengthen the national attributes and responsibilities of measurement. This is also an inevitable requirement for accelerating the construction of a unified national market. For market behaviors such as the construction of measurement standards, measurement calibration services, and measurement management systems within enterprises and institutions, the self governance efficiency of enterprise entities should be fully utilized to reduce government regulatory costs and enhance innovation vitality. For the field of legal metrology supervision, it is necessary to maximize the use of internationally recognized technical regulations, summarize and promote the experience of pilot reforms in free trade zones, actively promote the new model of "credit+intelligence" market supervision, handle the relationship between opening up pre admission and strengthening in-process and post supervision, and achieve an organic combination of independent management and in-process and post supervision. At the same time, we will leverage the active role of social organizations, higher education institutions, and others in industry self-discipline, talent cultivation, and science popularization culture to build a new pattern of cooperative governance. (Le Xin She) (Author Yu Lianchao, Researcher at the Chinese Academy of Metrology and Deputy Director of the Strategic Center)

Edit:Jia jia    Responsible editor:Liling

Source:http://rmfyb.chinacourt.org

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