A Study on the Legal and Standard Nature of Special Equipment Safety Technical Specifications

Special equipment safety technical specifications, formulated by administrative authorities as mandatory documents, face persistent ambiguities in their legal and standard nature, complicating practical implementation. This study contrasts their enforceability with legal norms and mandatory standards, revealing that while not inherently legal, these specifications logically extend from legal frameworks and align technically with mandatory standards. By disentangling and integrating their dual attributes, the research clarifies their role in enhancing regulatory systems and harmonizing technical and legal requirements. Empirical analysis of cases, such as the Shanghai escalator accident and Hubei power plant incident, demonstrates how conflation with legal norms or standards leads to enforcement challenges. The paper proposes structural reforms, including "hard-soft separation" to streamline specifications and mechanisms inspired by the U.S. NTTAA to improve coordination. These recommendations aim to resolve hierarchical conflicts, ensure adaptability to technological advancements, and strengthen safety governance. This work contributes theoretical insights and actionable strategies for refining China's special equipment regulatory framework.