Research On The Legal Problems Of Commercial Credit Supervision

There is the “Benevolence,Righteousness,manners,Wisdom,and Credit” in Chinese old saying.And “credit economy” and “credit society” in modern life.All of them flaunt the importance of "credit" to people in society.With the two-way promotion of China's market economic system reform and administrative system reform,"credit supervision" has increasingly become a key measure for China's innovation market supervision mechanism and improvement of market entity operating efficiency.However,the drastic reforms have been accompanied by insufficient supply of legal systems.This article takes the reform of the commercial registration system as the background.Based on the reform practice,it mainly uses the methods of literature analysis and empirical research to integrate and sort out the current legal documents,discovers the remaining problems in the design of China's commercial credit supervision system,and examines and analyzes extraterritorial experience.On the basis of this,it puts forward legislative proposals for improving the legal system of commercial credit supervision.The first part is an overview of the reform of the commercial registration system.This chapter describes in detail the contents of the reform of the commercial registration system and puts forward the advantages and disadvantages of the reform.On the one hand,the reform of the commercial registration system makes commercial registration abandon the planning economy emphasizing on safety and neglecting of efficiency,and brings convenience and low barriers to entry for commercial entities.At the same time,the reform of the registration system with the core concept of “reducing the entry threshold and improving efficiency” also marks a surge in credit risk.The second part demonstrates the internal legal logic of commercial credit supervision.The adoption of the commercial credit supervision model is not only a fit for the attributes of commercial rights registered after the reform,but also a rebalancing of the value of safety,efficiency and order in commercial registration,and more importantly the adjustment of government intervention and market mechanisms,and the responsiveness to the “prestige mechanism”.The third part elaborates the status quo of the establishment of a legal system for credit supervision.With the deepening of commercial registration reform,Chinese commercial credit information opening system and credit constraint system have taken shape.However,the problem in legal system of credit supervision need to be solved,for example the disordered existing in the current system,the fragmentation of credit information and the singleness of the credit evaluation mechanism.The fourth part examines the extraterritorial model of credit supervision.Based on the existing problems in the legal system of credit supervision in China,conducted a targeted search of the typical overseas countries in the credit developed countries,introduced the development history of credit supervision models and the achievements of credit construction in the United States,France and Japan,and summarized the ideas and inspirations that we should draw from.The fifth part discusses the perfect countermeasures of commercial credit supervision in our country.On the basis of the previous comparative study,on the one hand,responding to the problems in the third chapter urgently needed to be solved,providing clarity on the basic principles of credit supervision,optimizing credit information management mechanisms,and improving credit warning and reward and punishment mechanisms.At the same time,it is necessary to put forward sound suggestions for strengthening the cultivation of market credit service agencies and the guidance of self-regulatory organizations,with a view to helping the completeness of the legal system of commercial credit supervision in China.