generally speaking, the formulation of policies and regulations has its clear pertinence. And "execution by reference" often has its specific meaning. In other words, it has its special policy background and guiding object.
in practice, there are about three understandings of "execution by reference". First, it is considered as a "reference" and the unit may not implement it; Second, it is considered that it can be implemented or not, and it is up to these units to decide whether to implement it or not; Third, it is believed that "execution by reference" emphasizes execution, not non-execution, but must be made.
as far as I know, the literal meaning of "execution by reference" and "non-exclusion" includes the above two meanings. However, more importantly, it embodies the above-mentioned third understanding spirit, that is, it requires execution, and even it must be made. The proof is as follows:
Article 16 of China's Patent Law stipulates that the unit shall reward the inventor or designer of the service invention-creation. After the patent for invention-creation is implemented, the unit shall give the inventor or designer a reasonable reward according to the scope of its popularization and application and the economic benefits obtained. Articles 74 to 76 of the Detailed Rules for the Implementation of the Patent Law specifically stipulate the minimum standards for state-owned enterprises and institutions to pay bonuses and remuneration to inventors or designers of service inventions. Article 77 stipulates that other units in China may refer to the provisions on bonuses and remuneration. Other units in China mentioned here should refer to foreign-invested enterprises, collectively-owned units, private enterprises and other enterprises with mixed ownership. The detailed rules for the implementation of the Patent Law are mainly formulated for state-owned enterprises and institutions, and it is also explicitly required that "other units in China can refer to the provisions on bonuses and remuneration". In fact, foreign-invested enterprises, collectively-owned units, private enterprises and other mixed-ownership enterprises are required to follow this provision. With reference to this, no other provisions are made. If it can not be enforced, the law can completely make no provision or make the opposite provision. We can't think that the specific provisions of the law stipulate the phrase "can be implemented by reference", which excludes the obligation of some China units to implement the laws of China.
In the Notice on Social Insurance for Military Civilian Personnel, it is also clearly stated that social security policies for civilian personnel such as pension, medical care, unemployment, work injury and maternity insurance shall be implemented with reference to the relevant measures of public institutions.
"Notice of the Political Department of the Supreme People's Court on Judicial Police in National Courts Referencing the Implementation of Five Prohibitions of the Ministry of Public Security", the Ministry of Public Security has formulated and issued the "Five Prohibitions" in view of the problems of violating the regulations on the management and use of firearms, causing trouble by drinking and participating in gambling. These five prohibitions are also applicable to solving the problems existing in the current judicial police force. In order to further strengthen the work style construction of the judicial police team in the people's courts and improve the overall quality of the judicial police team, the Political Department of the Supreme People's Court decided that the judicial police in the national courts should implement the "five prohibitions" of the Ministry of Public Security as a long-term system and conscientiously implement them.
In order to promote judicial unification and try to judge the same case as much as possible, Chengdu Intermediate People's Court issued the Implementation Measures for the Evaluation and Publication of Demonstration Cases (hereinafter referred to as the Measures). Chengdu Intermediate People's Court reported the first three demonstration cases determined through discussion by the Judicial Committee. According to the "Measures", if there are no different situations and different reasons for handling these three demonstration cases, the courts in the city should generally refer to them.