The Legal Positioning of Group Standard-Setting Entities from the Perspective of the Civil Code

DOI: https://doi.org/10.62517/jel.202414316

Author(s)

Zijing Liu

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

One of the highlights of the new "Standardization Law" is the establishment of group standard, which gradually returns standard to the market. However, there is a problem of inconsistency between institutional regulations and practice in the subject of group standard formulation: the institutional level requires that the subject of group standard formulation is a legal persons , but they have also formulated a lot of alliance standard. Therefore, this article mainly discusses what the legal positioning of the group standard-setting subject should be, whether legal persons qualifications are necessary, especially in the context of the new civil subject system of the Civil Code, whether it is feasible to relax it to an "unincorporated organizations". The core purpose of the legal persons system is the independent assumption of legal responsibilities. Through analysis, it was found that there is no legal liability for the group standard-setting subject. Therefore, under the civil subject system of the Civil Code and combined with the attributes of the standard itself, it is recommended to cancel the restriction on legal persons qualifications and allow group standard-setting entities carry out group standard-setting activities as unincorporated organizations. At the same time, the relevant provisions of the "Regulations on the Registration and Management of Social Organizations (Draft for Comments)" and the "Regulations on the Management of group standard" must be revised in a timely manner to achieve consistency with the civil subject system of the Civil Code.

Keywords

Group Standard; Industry Alliances; Social Organizations; Legal Persons; Unincorporated Organizations

References

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