Correct interpretation of the measures for the supervision and administration of inspection and testing institutions (attached figure)

Date：2021-05-17 18:43:03Views：1047

Recently, the General Administration of Market Supervision issued a new version of the measures for the supervision and administration of inspection and testing institutions, and today (May 12) issued an interpretation of the measures for the supervision and administration of inspection and testing institutions. Attached is a picture to read the "supervision and management measures for inspection and testing institutions" for your reference!

Interpretation of the measures for the supervision and administration of inspection and testing institutions

Inspection and testing is an important part of the national quality infrastructure. It is a high-tech service industry, science and technology service industry and producer service industry that the state focuses on supporting the development. It plays an important role in service market supervision, improving product quality, promoting industrial upgrading, protecting the ecological environment and promoting the high-quality development of economy and society. In recent years, with the rapid development of China's inspection and testing service industry, all sectors of society call for improving the corresponding regulatory rules. The State Administration of market supervision actively formulated and promulgated the measures for the supervision and administration of inspection and testing institutions (hereinafter referred to as the measures) on April 8. Based on solving the main problems existing in the inspection and testing market at the present stage and focusing on promoting the healthy and orderly development of the inspection and testing industry, the measures are of great practical significance for compacting the main responsibilities of employees, strengthening the supervision during and after the event, and severely cracking down on false and false inspection and testing behaviors.

1、 Legislative background and purpose

（1） Tamp the main responsibility of inspection and testing institutions. The Fifth Plenary Session of the 19th CPC Central Committee proposed to unswervingly build a manufacturing power and a quality power, and improve the national quality infrastructure. The opinions of the State Council on strengthening the construction of quality certification system and promoting total quality management (GF [2018] No. 3) puts forward that it is necessary to strictly implement the main responsibility of practitioners for inspection and testing results and joint and several responsibility for product quality, and improve the whole process responsibility investigation mechanism for practitioners participating in inspection and testing activities. The existing laws and administrative regulations have more principled provisions on the main responsibilities and code of conduct of inspection and testing institutions, which need to be further clarified and refined in departmental rules.

（2） Strengthen the systematic supervision of inspection and testing. The opinions of the State Council on comprehensively implementing the joint "double random and one open" supervision of departments in the field of market supervision (GF [2019] No. 5) and the guiding opinions of the State Council on strengthening and standardizing the supervision during and after the event (GF [2019] No. 18) propose to change the government functions, further strengthen and standardize the supervision during and after the event, so as to promote fair competition through fair supervision. The existing regulations such as the measures for the administration of qualification recognition of inspection and testing institutions focus on technical access, focus on the maintenance of qualification capacity, and lack specific provisions on the requirements of new market supervision mechanisms such as "double random" supervision, key supervision and credit supervision.

（3） Standardize the development of inspection and testing industry. At present, with the sustained and rapid development of China's inspection and testing industry, there are problems such as "scattered but not strong" and "non-standard management". The false and false inspection and testing behaviors of some fields and institutions have seriously damaged the market competition order and industry credibility. On the one hand, there are some reasons for the above problems, such as weak awareness of legal responsibility, malicious competition and non-standard management. On the other hand, there are also factors that legal norms lag behind the reform process of "release, management and service". The provisions of existing laws and regulations on "false report" and "false report" are not clear enough. It is necessary to clarify the operational guidance for supervision and law enforcement in departmental rules.

2、 Main content

（1） The main responsibilities of inspection and testing institutions and their personnel. The measures emphasize that inspection and testing institutions and their personnel should be responsible for the inspection and testing reports issued, and make it clear that in addition to bearing administrative legal responsibilities according to law, they must also bear civil and criminal legal responsibilities according to law. As departmental rules, the measures mainly specify the administrative legal liability of inspection and testing institutions and their personnel for violating the practice norms. According to the provisions of the civil code, the product quality law and the food safety law, inspection and testing institutions and personnel shall bear joint and several civil liabilities for the damage caused by their illegal issuance of inspection and testing reports. According to Article 229 of the criminal law, "crime of providing false supporting documents" and "crime of major misrepresentation of supporting documents", criminal responsibility shall be investigated for false inspection and testing. On December 26, 2020, the amendment (11) to the criminal law of the people's Republic of China adopted by the Standing Committee of the 13th National People's Congress explicitly takes the false and untrue acts of environmental monitoring as the applicable object of article 229 of the criminal law.

（2） Code of practice for inspection and testing. The measures systematically sort out the code of conduct of inspection and testing institutions after obtaining qualification permission, and clarify the obligatory provisions that are significantly related to the standardization and neutrality of inspection and testing activities, including basic requirements for inspection and testing activities, personnel requirements, process requirements, sample delivery and testing specifications, subcontracting requirements, report form requirements, record retention requirements Confidentiality requirements, social responsibility and administrative requirements, etc. The requirements for obtaining, using and maintaining the qualification of inspection and testing institutions are still adjusted by the newly revised management measures for qualification of inspection and testing institutions.

（3） On cracking down on false and false inspection and testing. The measures take cracking down on false and false inspection and testing as the most important legislative task. At present, laws and administrative regulations such as the product quality law and the food safety law have made prohibitive provisions on false and false inspection and testing. However, it is difficult to define and distinguish untrue, false and general violations in regulatory practice. Therefore, Article 13 of the measures lists four cases of false inspection and testing, and Article 14 lists five cases of false inspection and testing, which fully absorbs and adopts the experience and practices in supervision and law enforcement, which is conducive to the inspection and testing institutions to clarify the industry bottom line that must be strictly observed, and is also conducive to the market supervision departments at all levels to highlight the focus of crackdown.

（4） Requirements on implementing the new market supervision mechanism. In order to accelerate the construction of a new market supervision mechanism and improve the effectiveness of systematic supervision, the measures re combed the inspection and testing supervision system and supervision functions and powers, and stipulated a variety of new supervision means. Organically integrate the regulatory requirements of "double random and one disclosure" with key supervision, classified supervision and credit supervision. Focus on the application and connection of credit supervision means, and stipulate that the market supervision department shall incorporate the credit information such as administrative punishment information of inspection and testing institutions into the national enterprise credit information publicity system and other platforms according to law, so as to promote the collection and publicity of inspection, testing and supervision credit information, It also provides a basis for the next step to include inspection and detection violations into the list of business abnormalities and the list of serious violations of law and credibility for dishonesty punishment.

（5） Legal liability for violations of laws and regulations. For the violation of compulsory provisions by inspection and testing institutions, the measures distinguish risks and harm degrees and adopt different administrative methods. First, severely crack down on false and false inspection and testing according to law. It is emphasized that for the false and false inspection and testing listed in the measures, the market supervision department shall implement administrative penalties such as revocation of qualification or certificate in strict accordance with the product quality law, food safety law, road traffic safety law, air pollution prevention law, agricultural product quality and safety law, regulations on the supervision and administration of medical devices and regulations on the supervision and administration of cosmetics. Second, urge the correction of more serious violations of laws and regulations. The measures only set punishment provisions for general violations that may damage the rights and interests of the entrusting party of inspection and testing activities or unspecified third parties and are easy to cause disputes, including those that implement inspection and testing in violation of national mandatory regulations and have not affected the results, illegal subcontracting, non-standard inspection and testing reports, etc. Third, remind and correct general violations. For matters violating the general management requirements, the supervision and law enforcement personnel shall be guided to adopt the "non mandatory means such as persuasion and education, reminding and correction" stipulated in Article 24 of the measures.