Business Credit Information Public Research Legal Issues

Under the background of the reform of industrial and commercial registration, the announcement of the enterprise's credit information is launched as a measure of credit supervision to respond to the requirement of “relax admission and strict regulation”. Through announcing the credit information generated in the process of enterprise production and operation as well as the enterprise's credit information grasped by the the government in the performance of its duties, it strives to improve the information asymmetry between the market main body, and the government departments so as to promote the steady development of market economy. As a new legal system, the announcement of the enterprise's credit information involves many legal problems including determination of the scope of the announced information, the utilization of the announced information utilization, the credit constraints, and the credit repairing during its implementation. As can be seen from the above, it is still necessary to make further exploration in order to give full play to the regulation role of the announcement of enterprise's credit information in an incomplete social credit system. Therefore, is has important theoretical significance and practical significance to analyze and comb the legal problems involved in the announcement of the enterprise's credit information and put forward to corresponding improvement strategies on the basis of finding the problems.In this paper, the connotation of the enterprise credit and credit information is expounded and then analyzed to make a conclusion that it is necessary to determine the scope of the announced information, the utilization of the announced information utilization, the credit constraints, and the credit repairing in ordered to announce the credit information. Then, the paper focuses on the legal problems involved in the announcement of the enterprise's credit information, analyzing the forms of implementing this legal system and putting forward the relevant improvement suggestions. First of all, from the perspective of changing the function of the administrative department for industry and commerce from the traditional administrative examination and approval to credit regulation, the paper summarized the present situation of the implementation of the announcement of the enterprise's credit information, and then defined the relevant concepts. Secondly, the paper focused on introducing relevant legal issues of the announcement of the enterprise's credit information, including the scope of the announced information, the utilization of the announced information, the credit constraints, and the credit repairing, and discussed them with the combination of the practical situation. Finally, in view of the above questions, the paper put forward a series of countermeasures and suggestions, including expanding the scope of the announced enterprise credit information, focusing on the announcement of the information related to the enterprise's management behavior, paying attention to balance between the announcement of the enterprise's credit information and the protection of the trade secret, improving the punishment on the dishonesty of the legal representative, and perfecting the enterprise credit repairing.This paper carried on mult-level discussion on the improvement of the announcement of the enterprise's credit information from the scope of the announced enterprise's credit information, the utilization of public information, the credit constraints, and the credit repairing. Most of the previous studies on the enterprise credit regulation mainly start from the perspective of the administrative authority for industry and commerce, emphasizing on perfecting the regulatory functions of the administrative authority for industry and commerce, promoting its whole-process regulation on the enterprise's credit. While, this paper started from the innovative perspective of streamlining administration and delegating power as well as “relax admission and strict regulation” to put forward suggestions on establishing and improving the new enterprise credit regulation system cored by information announcement wit multiple participation and collaborative shared governance.