On The Issues Of Credit Legislation

The social reality of increasing dishonesty has strengthened people's consensus on credit legislation.Comparing with the basic situations of credit legislation in the United States and the European Union,it is found that the unified credit legislation at the national level in our country is missing,while the institutional norms scattered among all levels of governments and have at least four shortcomings:unclear concept of object,unclear basic logic,inconsistent institutional structure and imperfect node construction.Due to the influence of environment,times and subjects,the object of credit legislation is changeable.Its internal logic in social relations is an evaluative arithmetic structure based on factual information and aiming at value trust.In theory,credit legislation follows the basic logic of upgrading the ethical algorithm of credit mechanism in the operation of social system to the legal algorithm,and the ethical algorithm of credit mechanism is mainly embodied in the context structure with "trust"as the core.This context structure mainly presents three key nodes:information,communication and understanding,which are revised repeatedly to meet the dynamic procedural requirements for the good operation of the social system.In practice,the essence of credit legislation is to transform the context structure of the three key nodes mentioned above into a specific category of system construction under the strict scrutiny of the basic principles of legisprudence.This category mainly includes five key institutional nodes:credit information,credit management,credit recognition,credit rewards and punishments and credit relief.However,the way to construct the institutional structure of the capital-oriented independent credit legislation can not effectively respond to the current system norms and complex and changeable practical dilemma.In view of this,China has chosen a social-oriented approach for the construction of compulsory credit legislation system structure.The core system node of compulsory credit legislation system structure mainly lies in defining the compulsory"credit reward and punishment" mechanism.In the practice of our country's credit legislation node,the concrete reward and punishment mechanism is "joint punishment".In order to realize the effective operation of "joint punishment" mechanism in the social system,credit legislation not only needs to improve the system construction of credit information norms based on "sharing and protection" and credit information management norms based on "use and supervision",but also needs to improve the credit recognition norms based on "standards and subjects" and the system construction of credit relief norms based on the logic of "procedures and substantialities".However,compared with the relatively perfect procedural relief system,the construction of substantive relief system may be more urgent and beneficial to the credit subject.It is suggested to focus on the construction of systems for the right to personal credit bankruptcy and the forgetting right.