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Study On Legal System Of Enterprise Credit Rating In China

Posted on:2012-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:G F ZhuFull Text:PDF
GTID:2166330338997194Subject:Law
Abstract/Summary:PDF Full Text Request
Credit is the cornerstone of the market-oriented economy which is also credit economy. Market economy is credit economy; the enterprise is the main body of market economy activity. At present, the state of enterprise credit is generally poor, credit rating agencies is also not standard, It is the great significance to discuss how to strengthen the construction of enterprise credit rating system, it will promote the system of social credit construction, and optimize the function of enterprise, investors, financial industry, government and so on. It is the most important objective to help the market economy to establish and improve the socialist order of fair competition. As we all know, it is difficult to keep faith to the community if an enterprise has no credit ability. At the same time, it is not the social need if it's just concern on the ability of construction. Therefore, it is very necessary to develop social credit rating for cultivating leading and liability enterprises and establishing unprejudiced market promoting mechanism.As a consequence, Enterprise credit rating can promote the health of our capital market operation; meanwhile it also plays an irreplaceable role on the economic benign operation. Now, our enterprise credit rating businesses have been orderly development, but the social credit system construction and special legislation of credit are still very deficient. Referring to more comprehensive relevant legislation of corporate credit rating system from United State and other counties, this thesis has made some research on the structure of Chinese enterprise credit rating system, as well as the related legal issues in depth.This thesis can be separated into five parts:The first part introduced the research background, significance, and academic value of this thesis.The second part is the point of the support in the whole thesis, which is about the basic theory of corporate credit rating. First of all, it defined several concepts, including credit, credit rating, and enterprise credit rating. In the meantime, by compared with the related concepts of enterprise credit, including credit, debt credit ratings to clarify the meaning of corporate credit rating. Only clear its theoretical basis, we can supervise it better. Thus we can formulate feasible laws. Therefore, we demonstrated the existence of the inevitability of enterprise credit rating, in order to highlight the topics of the theoretical value. At the last, we introduce the actual situation and problem of our enterprise credit rating system, among problems, including the lack of a unified regulatory and accreditation sectors, inadequate legislative goals in market access as well. During the canalization of the problems in china, to analyze the suggestion of improving access to our enterprise credit rating system.The third part introduces the situation of enterprise credit rating and the legal analysis. We first introduce the legislation of enterprise credit rating and the system status in our country, and secondly introduce legal access rules which based on the current interpretation of enterprise credit rating. Last but not the least; we explain the legislations and regulations in the credit rating of the existing situation and problems. We firstly analyze the international requirements of the enterprise credit rating, accreditation, practice quality requirements, besides, the author also point out that we should guaranteed interest and conflict, information disclosure and confidentiality.The fourth section analyses the enterprise credit rating in legal aspect. Firstly we shall improve independent function of rating agencies and enhance the legal supervision. At last, on the analysis of the legal responsibilities of both rating parties, we explain legal liabilities of enterprise credit rating and rated enterprise legal responsibilities.Part V is the prime conclusion. Through the above analysis, we draw the prime conclusion.
Keywords/Search Tags:Enterprise credit rating, rating access, legal supervision, legal liability
PDF Full Text Request
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