A Study Of Legal System Of Social Credit Management

Issue of credit system is an important issue to be faced during the development process of China, such aspects as reform on political system, economic system, property right system and even the advancement of quality for all people ect. existed in the reform of China's marketization ,which have close relations with the establishment and perfection of credit system. However, due to the objective existence of asymmetry of moral risk and information, which lead to the frequent occurrence of various losses of credit and even develop to severe credit crisis, therefore, simply relying on market force to advance social credit level is an unpractical illusion. This paper intends to attempt to analyze the general characteristics of credit and credit management and draw lessons from the experience on legal system of credit management established by the developed countries to design China's legal systems on social credit management and seek an outlet to the predicament currently faced by China. This paper, through study towards legal system of social credit management, intends to put forth, from the perspective of governmental interference in market, the issue how to establish a legal system of social credit management and provide legal safeguard measures for the advancement of social credit level finally. This paper is composed of the following five chapters.Chapter one—theory preview of social credit management. This chapter constitutes the premise part of argumentation for the whole paper, at first, it illuminates the definitions of credit and social credit, including probing into the connotation of credit from semantics, moral dimension, economic dimension, social dimension and law dimension and analyze different kinds of credit, then it defines and analyzes the connotation, characteristic and function. Meanwhile, it reviews the current situation of China's social credit from an empirical perspective and analyzes such kinds of reasons as historical and cultural reasons for China's loss of social credit, special reason for social transformation and system loss, and whence analyzes the necessity of management to social credit from such three aspects as the frangibility of moral, insurmountability of information's asymmetry and need of national interference.Chapter two—comparison of legal models for social credit management. Nowadays, the developed countries in general have established relatively complete legal system for social credit management. However, due to the differences of countries in such aspects as traditional culture, current national condition and legal system etc., which determine the credit establishment and developing models of these countries are impossibly complete identical and form different legal models for social credit management. Overviewing the legal models for social credit management of countries around the world, which can be classified as market-oriented model, government-oriented model and membership model. This chapter analyzes the social credit management model of USA, Europe and Japan that are regarded as the typical representatives for the above three models, and compares the commons and differences thereof. Meanwhile, carding such models as Shanghai model, Shenzhen model, Zhejiang model and other models that are practicing in our country at present, and analyzing the mirror significance in terms of western countries'legal models of social credit management towards our country.Chapter three—the legal status and role of the subject for social credit management. Government plays an irreplaceable role in the field of social credit management, however, government is not the only subject of social credit management and the management function of non-governmental organization is increasingly reflected. Viewing from the management function of social credit of government, the essence of government and malfunction of market decide the necessity of social credit management by government; The frontier of management, measure of cost benefit for management, specificity of retracting period and careful implementation of trial and error method determine the government's management method for social credit; The allocation and constraint of management right to social credit and mechanism of the public's participation constitute the practical safeguard on social credit of management by government. Viewing from the management function of social credit of non-governmental organization, this chapter mainly discuses the necessity, advantage and limit of social credit management by non-governmental organization. Finally, this chapter discusses the basis, models and ways of cooperation in field of social credit management by government and non-governmental organization.Chapter four—legal adjustment of social credit management conducts. Viewing from the whole process of social credit management that include credit consulting, credit rating and credit guarantee etc. This chapter expounds separately the foregoing social credit management conducts.First, in terms of legal adjustment of credit consulting conduct, analyzing the theory basis of credit consulting, carding the basic composition combining domestic and abroad credit consulting practices, putting forward way for problem-solving against such issues as insufficiency of legal ground, monopoly of data source, inconsistency of credit consulting and non-standardization of intermediary of credit consulting existed in our country's credit consulting system currently.Second, in terms of legal adjustment of credit rating conduct, based on analyzing the characteristic and function of credit rating, carding the developing model of credit rating, probing into the evolving process of credit rating supervision, majorly analyzing the extrusive problems existed in our country's credit rating and putting forth such legal advice as strengthening the management of rating institution and rating technology, maintaining the independence of rating institution and strengthening supervision ect.Third, in terms of legal adjustment of credit guarantee conduct, mainly carding the characteristic of credit guarantee and model of abroad credit guarantee, analyzing the current situation of development and mainly existing problems of our country's credit guarantee and putting forward legal advice in respect of how to strengthen the government's function in the credit guarantee management and the operation management of credit guarantee organization.Chapter five—construction of disciplinal legal mechanism of faith-breaking. The construction of disciplinal mechanism of faith-breaking is an important part on the establishment of legal system of social credit management. This chapter, on the basis of analyzing the basic function of disciplinal mechanism of faith-breaking, puts forth the basic principles implemented for establishment of disciplinal mechanism of faith-breaking and puts forth the system designing of disciplinal mechanism of faith-breaking from such aspects as credit early warning, punishment on faith-breaking, encouragement for faith-keeping, credit restoration etc., finally it discusses how to set up the civil, administrative and special legal liabilities for discipline of faith-breaking.