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实施28年的标准化法,经过15年修法工作的推动,于2017年2月22日通过国务院常委会审议,决定提请全国人大常委会。标准化法历经从无到有、巩固提高、转型升级、谋求突破四个阶段,标准制定范围、标准性质分类、标准实施监督等重要制度发生变迁,促进了交易费用降低,实现了帕累托优化。标准化法变迁中,标准主导权不够明、管理权不够硬、著作权不够清、落地性不够强等问题逐渐凸显,进一步完善对标准产权的规制,打造一部具备市场品格、产权清晰、统一管理、闭环运行的法应成为修法宗旨。
The 28-year standardization law was approved by the Standing Committee of the State Council on February 22, 2017 after being promoted by 15 years of revision work and decided to submit it to the Standing Committee of the National People’s Congress. Standardization Law has undergone four phases from scratch, consolidate, upgrade and seek breakthroughs. The important systems such as standard setting scope, standard nature classification and standard implementation supervision have been changed, promoting the reduction of transaction costs and realizing Pareto optimization. In the vicissitude of standardization law, the problems such as the lack of standard dominance, the lack of proper management, the lack of copyright, and the lack of floorability are gradually highlighted. The regulation of standard property rights is further perfected and a market-oriented system with marketable character, clear property rights, unified management, Closed-loop operation of the law should be the purpose of revision.