The construction of the rule of law of the social credit system
June 16, 2020 23:19 Source: "China Social Sciences" June 17, 2020 Total 1949 Author: Wang Xiaomei

Economic and Social Health and Stability Depending on the Construction of Social Integrity。The subject is getting more and more diverse in the face of the subject、The increasingly complicated market and society,The government has rely on traditional regulatory methods to be unpalatable,Establishing a new type of regulatory system with credit as the core is inevitable,It is also the only way to realize the modernization of the national governance system and governance capabilities。Since the 18th National Congress of the Communist Party of China,Fully governed the country in accordance with the law to enter the fast lane,The construction of a social credit system is also being promoted quickly。The State Council's "Social Credit System Construction Planning Outline (2014-2020)" clarifies the 1020 social credit system construction goals。July 9, 2019 "The General Office of the State Council on accelerating the construction of a new type of regulatory mechanism based on the construction of the construction of a social credit system",Proposed "Establish and improve the full life cycle through the market entity,Connecting before -before、In the event、New regulatory mechanisms in the full supervision link afterwards。

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Under the background of comprehensive deepening reform and comprehensively governing the country in accordance with the law,With the establishment of national big data strategic position,Deep -seated adjustments brought by the government function transformation,All departments、Informatization of various industries、The degree of digitalization continuously increases,Government Affairs Open、Implementation of judicial disclosure and other systems,and the court strengthened the punishment of the person who executed the person who was dishonesty in order to solve the difficulty of execution,The construction of my country's social credit system has ushered in unprecedented opportunities,The situation of maintaining rapid development at the central and local levels。

bet365 best casino games First,Credit legislation enter the fast lane。The "Shanghai Social Credit Regulations" implemented on October 1, 2017,It is the first comprehensive local legislation in China for the construction of the social credit system,"Collection of Social Credit Information、Collection、Share and use,Credit incentives and constraints,Protection of information subject equity,Activities and Development of the Credit Service Industry "conducted specifications。Driven by credit legislation in Shanghai,Local ushered in a climax of credit legislation,Xiamen、Suqian、Nanjing、Guangdong and other places to formulate or formulate social credit regulations。It is reported,Credit regulations at the national level are also advancing in full swing,Credit legislation enter the fast lane。

Next,Building public credit information exchange sharing platform。2015,The "Credit China" website of the National Development and Reform Commission is online as a national public credit information exchange sharing platform。October 2017 website upgrade and revision,Adjustment Optimized structure,Further enriched the content of the collected information,Provide the "one -stop" service for the public inquiry credit information。

again,The effectiveness of integrity construction in various places is significant。With the introduction of the "Social Credit System Construction Planning Outline (2014-2020)",More and more places to carry out the construction of social credit system construction: Release blacklist,Implementation of restrictions on the subject of dishonesty to take high -speed rail、Restricted punishment measures such as financial services; released a red list,Give the main body of trustworthiness to tax reduction and exemption、Priority to get government services and other rewards。At the end of 2017,Hangzhou、Nanjing and other 12 cities have been rated as the first batch of social credit system construction demonstration cities。

Repeated,Market credit information is widely used。In addition to the construction of the government -led public credit system,The application scope of the market credit system developed by commercial companies is becoming more and more widely。January Bet365 lotto review 2015,The People's Bank of China approved 8 private enterprises to carry out social credit pilots。The market credit system is based on sesame credit and Tencent credit as a typical representative,It has been widely used in many realistic scenes。

Last,Establish a unified social credit code。The purpose of the collection of public credit information is to establish a complete three -dimensional credit file,May 2016,The State Council issued the "Notice of the State Council's General Plan for the Construction of Social Credit Code System Construction of the State Council on the Development and Reform Commission and other departments of the State Council" (Guofa [2015] No. 33),aimed at establishing coverage comprehensive、Stable and only legal person and other organizations unified social credit code system。As of the end of March 2018,The conversion rate of the existing code of national legal persons and illegal organizations is 99.8%,The exchanges rate of the stock certificate is 82%; the number of individual industrial and commercial households is 95%,Lay an important foundation for the collection and sharing of social credit information。

  Legal issues that need to be clarified

First, the credibility of the credit system needs to be improved。Social credit system construction includes a public credit system and a market credit system,The former is mainly established by local governments and industry departments,The latter is by various enterprises、Establishment of industry organizations and third -party credit service agencies。Market credit system belongs to the market subject spontaneously,Due to the limited user、Not transparent credit rating, etc.,Its objective justice will be questioned。The public credit system led by local and industry, although the legal guarantee of credit information collection、The objective, accuracy and authority of information have an unparalleled advantage,However, it is difficult to reach the agreement due to the criteria of various places,Coupled with local interest protection,It is difficult to guarantee the credibility of the social credit system。

Second, the data sharing mechanism is not sound。In the information age,The so -called data -winning person gets the world,Open Data (Open Data) is the general trend。Open bet365 Play online games data includes two orientations,First, data sharing between the public power department,Second, open data to the public。From the perspective of data source,The data controlled by the public power department in management and services comes from the counterparty,belonging to public data,Private property that does not belong to the public power department,In addition to the legal confidentiality,It should be open to the society。But,The consciousness concept of some departments is conservative and narrow,Privated departmental data,Unwilling to open to other departments,Lack of information sharing mechanism or is not sound,It will directly affect the establishment and improvement of the social credit system。

Third, the credit information identification standard is not clear。Which information constitutes credit information,or the identification standard for credit information,It is a problem that must be clearly clear for the construction of a social credit system。For credit judgment,Division of legal standards and moral standards。From the "Red Black List" information announced by credit management documents and credit platforms in various places,my country's social credit system construction adopts legal and moral hybrid standards。Legal standards are objective,illegal crime information is determined by the applicable legal procedure for specific agencies,With authority、Clear judgment standards; and moral standards have strong subjectivity,Relevant agencies have a lot of space due to free tailoring when they are determined,There is a certain risk of integrity。Another,For citizens、Law -keeping Enterprise,As long as the behavior that is not prohibited in the law,is the law -abiding citizen、Law -keeping Enterprise。According to the principle of administration and rule of law,Acts that the counterparts are not engaged in legal prohibition,Should not be treated legally。

Fourth, the problem of dishonesty in government affairs cannot be ignored。Compared to ordinary parties,Public officials and public legal persons should fulfill the obligations stipulated in legal documents。For a long time,Do not perform the payment determined by the court's decision、bet365 live casino games Compensation and other obligations of party and government agencies and public officials,All the difficulties of the implementation of the courts in various places。From March 2012,The local courts have carried out the special accumulation of special accumulation of the people's court in accordance with the people's courts in various places,Focus on the phenomenon of "dishonesty of officials"。

Five is the lack of legal relief of the disciplinary punishment。The construction of the social credit system includes the disclosure mechanism of the dishonesty and the disciplinary punishment mechanism of the dishonesty。In the country of rule of law,If you have the right to have relief。When a subject is suffering from unfavorable legal consequences,There should be a legal way for relief。Whether it is administrative punishment or criminal punishment,All are made by specific agencies,and the results of the punishment are all relief,but,How to relieve the subject of the credit punishment,It is not very clear in law and practice。

  Speed ​​up construction progress with the rule of law thinking

First,Clarify the main body of the construction of social credit system。Due to different development history,my country's social credit system construction has different modes and paths as Western countries。Based on a relatively complete legal system、Mature market economy and deep credit culture,The core of the construction of a credit system in Western countries is to prevent and manage credit transaction risks,Therefore, its credit service industry is more developed。and my country is in the process of transition to the mature market economy,Lack of social integrity is particularly prominent,Urgent need to establish a public credit system。To improve the generality of the social credit system、authority and credibility,It should be integrated in various places、Based on the public data of various industries,Establishing all credit subjects on the national level by a specific subject (such as the national development and reform department)、All credit information categories、Unified social credit system in all regions。

Second,Strengthen the openness and shared legislation of public data。Open public data is a natural extension Bet365 lotto review of government information disclosure,It should be a legal obligation of the government。Remove the department (industry) data protectionism,Break the department's monopoly and blockade of information,Not only must we establish and enhance the concept of data openness,It is also necessary to build an open system for public data,Legally standardized and guaranteed the openness and sharing of data resources,Establish a big database for the people。2018 "Administrative Measures for Shanghai Public Data and One Netcom Office" is the first local legislation to clearly define public data,Master requirements for the opening of public data。"Administrative Measures for the Opening of Public Data in Shanghai" was promulgated on October 1, 2019,As the first data open dedicated legislation,Provides local samples for the open legislation of national data,It will also strongly promote the national legislative process。

third,Clarify the criteria of credit information。The criteria for judging credit information should be law rather than morals,In the rule of law society,Any subject does not violate the law,Nothing should be negatively evaluated in credit。In terms of attributes,Building a social credit system is a legal act,The ultimate identification is the dishonest subject,instead of Dao De model,The construction of a social credit system should not be built into a moral archives for citizens or enterprises。

Fourth,Strengthen the disclosure of the dishonesty of the special subject。In order to strengthen the supervision of public officials,Several Provisions of the Supreme People's Court of the Supreme People's Court on the announcement of the List of the List of the Discipline of the Discord ",People's Court should take national staff、Representative of the People's Congress、The dishonesty of the CPPCC members notified its unit and relevant departments,State organs、Institutions、The dishonesty status of state -owned enterprises is reported to its superior units、competent department or institution that fulfills the duties of the investor。In addition to strengthening unit supervision and hierarchical supervision,It should also publicize the dishonesty behavior of special subjects,Accept social supervision。Bet365 lotto review It is recommended to set up a single special subject dishonesty column on a unified credit platform,Single -lingering information of public officials and public legal persons,Strengthen the disclosure of the dishonesty of the special subject。

Fifth,Clarifying legal relief of dishonesty punishment。Future,The scope and means should be regulated at the legal level,Establishing a Classification Management Mechanism for Breakfast Behavior,and clarify the right to relieve the right of credit punishment,Avoid derivating the joint punishment into a secondary punishment of the information main body。

  (Author Unit: Institute of Law of the Chinese Academy of Social Sciences)

Editor in charge: Wang Ning
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