在机构改革之际,澄清部门之间执法职能划分的规则,厘定部门职能管辖界限,对于合理界定质监部门的执法权限,将有重大的理论和现实意义。质监法律体系主要是以《计量法》、《标准化法》和《产品质量法》为基石搭建起来的。(后又以《食品安全法》、《认证认可条例》、《特种设备安全监察条例》等法律、行政法规予以丰富)。然而,在确立执法主体时,三部法律无不采用了开放而非闭合的方式:一是《计量法》、《标准化法》和《产品质量法》的相关规定,几乎所有的行政处罚权限,质监部门与工商部门均可并行适用。二是为了便于和其他相关部门行政处罚权的衔接,都无一例外地规定主管部门处罚优先的原则。最为典型的是 At the time of the institutional reform, it is of great theoretical and practical significance to clarify the rules governing the division of law enforcement functions among departments and determine the boundaries of departmental functions and jurisdictions, and to rationally define the law enforcement authority of the quality supervision departments. The quality supervision law system is mainly based on “measurement law”, “standardization law” and “product quality law” as the cornerstone built. (Later enriched by the laws and administrative regulations such as the Food Safety Law, the Certification and Accreditation Ordinance, the Special Equipment Safety Supervision Regulations). However, in the process of establishing the law enforcement body, all three laws have adopted an open rather than a closed approach. The first is the relevant provisions of the Measurement Law, the Standardization Law and the Product Quality Law. Almost all the administrative penalties, Supervision departments and the business sector can be applied in parallel. Second, in order to facilitate the interface with other relevant departments of the right to administrative penalties, all without exception, the principle of priority punishment department. The most typical is