基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

中华人民共和国计量法实施细则(二)

2006-05-18 14:27   我要纠错 | 打印 | 收藏 | | |

  Article 30 The administrative departments for measurement of the people's governments above the county level may, in the light of actual needs, authorize the agencies of measurement examination and determination and technical agencies in the following ways to conduct compulsory examination and determination and other kinds of examination and determination and testing within the prescribed scope:

  (1) authorizing professional or regional agencies for measurement examination and determination to act as legal agencies;

  (2) authorizing the designation of public standard instruments;

  (3) authorizing the agencies for measurement examination and determination of certain departments or units to conduct compulsory examination and determination of the relevant measurement instruments used therein;

  (4) authorizing relevant technical agencies to undertake the other tasks of examination and determination and testing prescribed by law.

  Article 31 Units which have been authorized in accordance with the provisions of Article 30 of these Rules should abide by the following stipulations:

  (1) the personnel in charge of examination and determination and testing in the authorized units must pass the examinations supervised by the authorizing units;

  (2) the corresponding measurement standards of the authorized units must be examined and determined according to the datum instruments or the public standard instruments;

  (3) the authorized units must conduct the authorized work of examination and determination and testing under the supervision of the authorizing units;

  (4) administrative departments for measurement of the people's governments above county level shall conduct mediation and arbitration when the authorized units become a party to a measurement dispute, which cannot be settled by the parties themselves through consultation.

  Chapter VII Measurement Attestation of Agencies for Examination of Product Quality

  Article 32 The agencies for examination of product quality which provide the society with notarization data must be attested by administrative departments for measurement of the people's governments above provincial level.

  Article 33 Measurement attestation of agencies for examination of product quality covers the following aspects:

  (1) examining and determining measurements and testing the function of equipment;

  (2) examining and determination measurements and testing the environmental conditions for the functioning of the equipment and the personnel's operational skills;

  (3) measures ensuring the uniformity of measurement values and accuracy, and systems ensuring the equity and reliability of the data for examination and determination of measurements.

  Article 34 After receiving applications for attestation from agencies for examination of product quality, administrative departments for measurement of the people's governments above provincial level shall instruct the measurement examination agencies under their jurisdiction or the authorized technical agencies to arrange the examinations for the applicants in accordance with the provisions of Article 33 of these Rules. The administrative departments for measurement of the people's governments above provincial level shall issue certificates for measurement attestation to those applicants who have passed the examinations. Those who have not obtained the certificates shall not be allowed to conduct examination of product quality.

  Article 35 Administrative departments for measurement of the people's governments above provincial level are empowered to conduct supervision and inspection over those agencies which have obtained certificates for measurement attestation according to the provisions of Article 33 of these Rules.

  Article 36 Agencies for examination of product quality which have obtained a certificate for measurement attestation should apply for separate confirmation of measurement attestation for new items, if they deem these additional examinations necessary, according to the relevant provisions of these Rules.

  Chapter VIII Measurement Mediation and Arbitrative Examination and Determination

  Article 37 Administrative departments for measurement of the people's governments above county level are responsible for mediation and arbitrative examination and determination for measurement disputes and may appoint relevant agencies for measurement examination and determination to conduct arbitrative examination and determination as entrusted by judicial organs, administrative organs for contracts, arbitration agencies dealing with cases involving foreign parties, or other organizations.

  Article 38 No litigant shall change the technical status of the measurement instruments involved in the dispute in the course of the mediation, arbitration and hearing of the cases.

  Article 39 If a party rejects the arbitrative examination and determination, it may appeal to the administrative departments for measurement of the people's governments at the next higher level within 15 days of receipt of the notice of the arbitrative examination and determination. The arbitrative examination and determination by the administrative departments for measurement of the next higher people's governments shall be final.

  Chapter IX Fees

  Article 40 Fees shall be paid for applications for examinations to designate standard measurement instruments, applications for examination and determination of measurement instruments to be used, applications for model approval and prototype instrument testing for manufacturing new measurement products, applications for the licence for manufacturing and repairing measurement instruments and applications for measurement attestation and arbitrative examination and determination. Actual procedures or rates of charges shall be worked out by the measurement administration under the State Council in conjunction with the financial and price control departments of the State.

  Article 41 Fees shall not be charged for the examination and determination and testing conducted by administrative departments for measurement of the people's governments above county level in exercising supervision and inspection. The inspected units have the obligation to provide prototype instruments and facilities for examination and determination and testing.

  Article 42 The funds needed by the agencies of measurement examination and determination under the jurisdiction of administrative departments for measurement of the people's governments above county level for providing technical guarantee for implementating measurement laws and regulations and exercising measurement supervision shall be entered in the budgets of people's governments at the various levels in accordance with the provisions in the State financial administration system.

  Chapter X Legal Liability

  Article 43 Those who violate Article 2 of these Rules by using non-legal measures shall be ordered to correct their mistakes. If violations have been contained in publications, orders shall be given to stop their circulations and a fine of 1,000 yuan or less may be imposed simultaneously.

  Article 44 Those who violate Article 14 of the Measurement Law of the People's Republic of China by manufacturing, marketing and importing measurement instruments of non-legal measures which have been declared abolished by the State Council and other measurement instruments which have been prohibited for use by the State Council, shall be ordered to cease these operations. Their measurement instruments and total amount of illegal gains shall be confiscated. And a pecuniary penalty ranging from 10% to 50% of their total illegal gains may be imposed simultaneously.

  Article 45 If any departments, enterprises and institutions conduct measurement examination and determination with various standard measurement instruments of the highest class which have not passed the examination of the relevant administrative departments for measurement of the people's governments, they shall be ordered to stop using those instruments and a fine of 1,000 yuan or less may be imposed simultaneously.

  Article 46 If any units fail to apply for examination and determination for those measurement instruments which are subject to compulsory examinations and determination, or fail to conduct periodic examination and determination for other measurement instruments which are not subject to compulsory examination and determination, or send them to other agencies for periodic examination and determination or continue to use the instruments which have been rejected in examination and determination, they shall be ordered to stop using those instruments and a fine of 1,000 yuan or less may be imposed simultaneously.

  Article 47 If any units or individuals are engaged in manufacturing and repairing measurement instruments without Licence for Manufacturing Measurement Instruments or the Licence for Repairing Measurement Instruments, they shall be ordered to stop their production and operation and to seal up for safekeeping the measurement instruments which have been manufactured and those which have been sent for repairing. The total amount of illegal gains shall be confiscated and a fine ranging from 10% to 50% of the illegal gains may be imposed simultaneously.

  Article 48 Those who manufacture and market the new measurement products which have not passed model approval or prototype testing shall be ordered to stop manufacturing and marketing such products and seal them up for safekeeping. Their total amount of illegal gains shall be confiscated and a fine of 3,000 yuan or less may be imposed simultaneously.

  Article 49 If the measurement instruments which have not been examined and determined or those instruments which have been rejected in examination and determination are allowed to leave the factory, the units or individuals manufacturing or repairing such instruments shall be ordered to withhold the same. The total amount of their illegal gains shall be confiscated; in more serious cases, a fine of 3,000 yuan or less may be imposed simultaneously.

  Article 50 Those who sell imported measurement instruments which have not passed the examination and determination by administrative departments for measurement of the people's governments above provincial level, shall be ordered to stop the sales and seal up the instruments for safekeeping. The total amount of their illegal gains shall be confiscated and a fine ranging from 10% to 50% of the total sales earnings may be imposed simultaneously.

  Article 51 Those who have caused losses to the State or consumers by using substandard measurement instruments or tampering with measurement instruments and falsifying data shall be ordered to pay reparations for the losses. Their measurement instruments and total amount of illegal gains shall be confiscated and a fine of 2,000 yuan or less may be imposed simultaneously.

  Article 52 Those who sell damaged and substandard spare parts and components of measurement instruments shall be ordered to stop their business. The instruments and total amount of illegal gains shall be confiscated and a fine of 2,000 yuan or less may be imposed simultaneously; in more serious cases, the business licence shall be revoked by administrative departments for industry and commerce.

  Article 53 If any units or individuals manufacture, market or use certain measurement instruments for the purpose of cheating consumers, their instruments and total amount of illegal gains shall be confiscated and a fine of 2,000 yuan or less may be imposed simultaneously. If the deceit constitutes a crime, the persons directly responsible shall be investigated for their criminal liabilities according to law.

  Article 54 If any individual industrial and commercial businesses manufacture and repair measurement instruments other than those prescribed by the State or are engaged in business at unauthorized places, they shall be ordered to stop manufacturing and repairing. The total amount of their illegal gains shall be confiscated and a fine of 500 yuan or less may be imposed simultaneously.

  Article 55 If any agencies for examination of product quality which have not obtained certificates of measurement attestation provide notarization data for the public, they shall be ordered to stop their operations and a fine of 1,000 yuan or less may be imposed simultaneously.

  Article 56 If any units or individuals forge, usurp or traffic in seals or certificates for compulsory examination and determination, the seals and certificates and the total amount of the illegal gains shall be confiscated and a fine of 2,000 yuan or less may be imposed simultaneously. If crimes are committed in the course, the persons concerned shall be investigated for criminal liabilities according to law.

  Article 57 If the personnel in charge of measurement supervision and administration break the law, neglect their duties or engage in self-seeking misconduct, they shall be given administrative sanctions when the circumstances are not serious. If crimes are committed, the persons concerned shall be investigated for criminal liabilities according to law.

  Article 58 If the units responsible for design appraisement and prototype instrument testing for new measurement products violate Paragraph 2, Article 20 of these Rules, they should pay for the losses sustained by the applicants and give administrative sanctions to the persons directly responsible in accordance with the relevant stipulations of the State. If crimes are committed, the persons concerned shall be investigated for criminal liabilities according to law.

  Article 59 Any person in charge of measurement examination and determination who commits one of the following acts, shall be given administrative sanctions. If crimes are committed, he shall be investigated for criminal liabilities according to law.

  (1) forging examination and determination data;

  (2) causing losses to the party sending the instruments for examination as a result of the faulty data provided;

  (3) violating the rules concerning measurement examination and determination in conducting the work;

  (4) conducting examination and determination by using those standard measurement instruments which have not passed the relevant examinations;

  (5) conducting measurement examination and determination without the required certificates.

  Article 60 The administrative penalties stipulated in these Rules shall be meted out by administrative departments for measurement of the people's governments above county level. Penalties involving fines of more than 10,000 yuan should be submitted to the administrative departments for measurement of the people's governments above provincial level for decision. The confiscated illegal gains and fines must all be turned over to the state treasury.

  The administrative penalties provided for in Article 51 of these Rules may also be decided by administrative departments for industry and commerce.

  Chapter XI Supplementary Provisions

  Article 61 The connotations of the following terms as used in these Rules are:

  (1) “Measurement instrument” refers to a device, an instrument, a meter or a measuring tool which can be used to determine the measurement values of the measured objects directly or indirectly, as well as a standard matter used to unify measurement values, which can be a datum measurement instrument, a standard measurement instrument and a working measurement apparatus.

  (2) “Measurement examination and determination” refers to the work involved in evaluating the functions of the measurement instruments and determining if they are up to the standard.

  (3) “Design appraisement” denotes the overall checking and examination of the functions of the prototype of a new measurement product.

  (4) “Measurement attestation” denotes the examination and verification conducted by the government administrative departments for measurement of the capability and reliability of the relevant technical agencies in measurement examination and determination and testing.

  (5) “Agency for measurement examination and determination” refers to a relevant technical agency which undertakes measurement examination and determination.

  (6) “Arbitrative examination and determination” refers to the measurement examination and determination and testing conducted with datum measurement instruments or public standard measurement instruments for the purpose of adjudication.

  Article 62 These Rules shall also apply to the supervision and administration exercised by the People's Liberation Army and national defence departments of science, technology and industry over the measurement work which deal with matters outside the military setup.

  Article 63 The procedures and scopes of administration and the symbols of the various seals, certificates provided for in these Rules shall be formulated by the administrative department for measurement under the State Council.

  Article 64 The right to interpret these Rules resides with the administrative department for measurement under the State Council.

  Article 65 These Rules shall come into effect as of the date of promulgation.

[1][2]
相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371