Corporate Credit Legal Regulation

Rectifying the norms and orders of market economy, and building the sane socialcredit systems of modern market economy, are some of the most important measures ofeconomic construction and economic system reform, which are determined by TheSixteenth Session of the Communist Party of China. Market economy is not only crediteconomy, but also legalized economy. An enterprise is one of the microcosmicfoundations of market economy, and enterprise credit makes up of the important socialcredit. Therefore, make the enterprise credit under the rules and regulations is one of themost important ways to rectify the market economy order and norm,to promote a healthydevelopment of market economy. It is one of the effective measures to establish sane,uniform, and open, competitive, well-ordered and modern market economy. I write this thesis, the Research of Enterprise Credit Rules and Regulations, in orderto build a framework of enterprise credit rules and regulations systems which are fit forthe situation of our country, by means of doing research for the principles, problems,requirements and operations of the enterprise credit rules and regulations, comparingwith the advanced and successful credit legislation experiences and practicing operationsof America, EFTA and Japan, etc. At present, the enterprise credit system is still in ablank, both in static rule and moving operation in our country, whereas, few legalresearchers concern with the study in the field of it. Thereafter, the Research ofEnterprise Credit Rules and Regulations dissertates the enterprise credit rules andregulations in a new angle of view, making a study of enterprise credit rules andregulations with economic law thinking and systemic, scientific methods, presenting theprinciples for maintenance of market fair competition, protection of the trade secret forenterprises, maintenance of national economic security, promotion of development in thefield of credit service, obtainment benefit for good faith and loss for bad faith, etc. There are seven chapters in the Research of Enterprise Credit Rules and Regulations,give a outline and operation of the system of the enterprise credit rules and regulations,as following: Chapter 1-Introduction. Introduce the general principles of credit and enterprise credit; analyze thecorrelation between enterprise credit and market economy order; analyze the status quoof enterprise credit laws and regulations construct in our country; using theeconomic law 3中国政法大学博士学位论文 企业信用法律规制研究thinking and systemic, scientific methods to do research for enterprise credit rules andregulations, and find out that regulating enterprise credit by the market method is thebetter way in the market economy circumstance. Chapter 2- The framework of enterprise credit rules and regulations systems in ourcountry. Expound the pressure and necessary for establishing enterprise credit rules andregulations legal systems after analyzing the status quo of enterprise credit in our country.Present a basic framework and five principles for establishing enterprise credit rules andregulations legal system. First, the legal system of enterprise credit consult; Second, thelegal system of enterprise credit evaluation; Third, the legal system of enterprise creditguaranty; Fourth, the legal system ofenterprise credit supervision; Fifth, the legal systemof punishment for breach of trust of enterprise credit. These five systems areself-systematic but interactive and inter- influential, even controlling each other to someextent. In this thesis, chapter 3 to 7 are the core parts, expatiating these five systemsseparately. Chapter 3- The legal system of enterprise credit consult. Explain the functions of enterprise credit consult in national credit managementsystem and the necessary and feasibility for establishing enter...