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Research On Credit Repair Mechanism

Posted on:2020-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:L R TongFull Text:PDF
GTID:2416330572475764Subject:Law
Abstract/Summary:PDF Full Text Request
In the social credit system,the credit repair mechanism is a new system for applying unjustified people to correct themselves and reinventing credit,and is an organic component of credit punishment.Credit punishment has the substantive legal attribute of personality punishment.However,for the uncorrected improver who actively corrects the error,it still restricts the principle that the personality right will break through the proportionality.Those who fail to improve their trusts can apply for credit repair to relieve credit punishment,reshape social credit,and protect their personality rights.Credit punishment has a public form of legal property,and public authority publicity of credit information involves the operation of public power.Personal credit is a dynamic process.The credit repair mechanism is a dynamic update mechanism for credit information,ensuring the truthfulness and accuracy of public information and ensuring national credibility.At present,the credit repair mechanism has been implemented in legislation,with local normative documents at the lower level.To study the actual method of credit repair mechanism,the existing credit repair system has extensive legislation and few quasi-use rules.The uncertainty of the content of the entity causes the discretionary space to be too large and the conflict of rights and interests;the rough operation of the operating procedure causes the lack of participation of the untrustworthy subject;the weakness of the supervisory system is difficult to effectively control the public power.Based on the analysis of the credit recovery mechanism and the extensive legislative predicament,the author sets the subject from the norm,refines the conditions for "eliminating the adverse effects of society",designs the type of credit repair method,clarifies the operational procedures of justice,and strengthens the supervision system.Some aspects put forward refinement suggestions for China's credit repair mechanism.
Keywords/Search Tags:credit repair, personality rights, public power
PDF Full Text Request
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