Research On Legal System Of Enterprise Credit Information Publicity

Since the 18th National Congress of the Communist Party of China,the "simplified government and decentralization" under the general trend of China's comprehensive deepening reform has continued to advance.Under this background,the reform of the commercial registration system has caused the government's supervision of market entities to be changed from ex-ante supervision to post-event supervision.In order to better implement post-event supervision and further build a social credit system,the,Interim Regulations on Enterprise Information Disclosure"(hereinafter referred to as the "Regulations")came into being.It has been in operation for more than four years since its promulgation in 2014.It is undeniable that the promulgation of the"Regulations" provides a corresponding legal basis for the disclosure of corporate credit information,and the corporate credit information disclosure platform also provides an official channel for the market trading entities to query the business status of the enterprise,which establishes the credit system of China.It has a milestone meaning.However,there are still some areas for improvement in the current corporate credit information disclosure system.For example,there is no unified credit restraint mechanism,the scope of the business anomaly list is not affected,the joint disciplinary mechanism is flawed,and the relevant supporting legal system is not well connected.Therefore,the credit restraint mechanism originally established cannot achieve the desired effect;the mandatory and voluntary credit infonmation disclosure scope is too narrow,and it is difficult to meet the needs of market counterparties;the restrictions on employment restrictions are not rigorous and the criminal liability is not prescribed,which leads to the breach of credit information disclosure by enterprises.The responsibility of the obligation is relatively light;the corporate credit information disclosure system has experienced various problems in practice,and has not yet attached importance to the role of industry associations.Because the "Regulations"have strong Chinese characteristics,foreign countries do not specifically regulate the disclosure of corporate credit information,but they can also conduct comparative research by studying different models of foreign credit systems.This paper studies three kinds of existing credits existing in the world.The main modes of the system:the government-led model,the market-led model,and the industry-led model,based on three basic principles:the principle of maintaining transaction security,the principle of protecting trade secrets,and the principle of trustworthiness and loss of trust,and credit information for China.The publicity system puts forward some suggestions:such as perfecting the credit restraint mechanism,rationally dividing the scope of credit information disclosure,increasing the responsibility of enterprises to violate the obligation of publicizing credit information,optimizing the enterprise credit information publicity system,etc.,in order to contribute to the construction of China's corporate credit information legal system.Slight strength.