Restore the True Face of Mandatory Standard—From the Perspective of the Distinction between Standard and Law
Mandatory standards are often misunderstood as laws because they are labeled"mandatory".It is necessary to clarify this misunderstanding theoretically and to restore the true face of mandatory standard.Mandatory standard is only a special type of standard,not a type of law,and there is no place for mandatory standard in the legal system.The content of mandatory standard is technical requirements rather than legal rights and obligations,and its function is significantly different from that of law.The"mandatory"in mandatory standards refers to the mandatory implementation effect of standards rather than the general binding force of laws.The mandatory implementation effect of standards is an"external constraint",which comes from the law rather than the standard itself.The purpose of restoring mandatory standards is to recognize mandatory standards as standards rather than laws.So we can accurately understand mandatory standard,correctly clarify its position in the law,normatively apply it in the judiciary,and avoid misunderstanding and incorrectness.
万方数据
