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Research On The Legal System Of Enterprise Credit Supervision In China

Posted on:2020-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:M L ZhangFull Text:PDF
GTID:2416330596974058Subject:legal
Abstract/Summary:PDF Full Text Request
Credit reflects the most fundamental social relationship,embodies the necessary legal awareness and moral concepts in the market economy,and is the basis for the survival and development of the entire social interaction.Without credit,there will be no market exchange.Without exchange,there will be no market economy.Without the market economy,the entire society will be stagnant.The development of the market economy depends not only on its own adjustment mechanism,but also on the constraints of the system.The credit relationship established by the law with the national coercive force as the backing is the most stable and reliable credit relationship.The self-regulation of the market and the standardization of the legal system can ensure the rapid and good development of the market economy through a two-pronged approach.However,whether the credit system is complete is also an important indicator of whether the economic system is mature.The credit system of the underdeveloped countries is more or less insufficient,leading to the imbalance of economic development.The lack of credit system will lead to the collapse of the credit system and social life.Bringing great catastrophic consequences,the entire economy will have unpredictable consequences,so the sound credit system is a top priority for China.At this stage of China,China is in the period of deepening the reform of the commercial system.The "first license after the license","the license and the photo",the registered capital subscription registration system,the annual report publicity system,the electronic registration of foreign-funded enterprises,"wide-ranging strict management",etc.A series of reform measures have greatly stimulated the vitality of the Chinese market,but at the same time it has also brought a series of problems,such as the producers of goods,counterfeiting and selling,corporate tax evasion,commercial fraud,false advertising breeding,etc.Waiting,the marketization process is difficult,and even the economic downturn will occur.These situations have greatly reflected that the development trend of the credit environment in China's market is not optimistic and must be vigilant.At this time,the government as a market The rulers and the market order maintainers,through the formulation of relevant laws,regulations and fair law enforcement actions,regulate and supervise the market order,and respond to various sudden problems at the market level,which is an inevitable choice for China to develop a market economy.The inevitable requirement for improving the socialist market economic system.In the context of the rapid development of the credit economy,how to make the government act as the supervisory role of the market's main credit is also a problem.This paper studies how the domestic scholars act as the leading role of corporate credit supervision by combing the domestic scholars' reasons for the credit crisis and countermeasures,the research results of foreign scholars' credit economic theory,and using literature analysis methods and comparative analysis methods.This paper first explains the meaning of credit,corporate credit,corporate credit supervision,characteristics and the value of corporate credit supervision legal system,and lays a theoretical foundation for the discussion of issues and suggestions for corporate credit supervision.Then we introduce different foreign credit management models,compare them,and combine them with China's reality to draw useful experiences for China.Thirdly,this paper combines the practice situation to explain the implementation effect of China's credit supervision.At this stage,China has established a national enterprise credit information publicity system,which is beneficial to the collection,sharing and publicity of enterprise information.At the same time,a number of joint disciplinary memoranda documents have been issued.In practice,a variety of acts of dishonesty have been punished according to law,and a slogan of "one place is lost,everywhere is lost" is put forward,the bad factors in the market are eliminated,the market environment is purified,and the process of enterprise credit construction is promoted.Of course,in the process of development,many problems of corporate credit supervision in China have also been exposed.For example,corporate credit supervision legislation cannot provide specific operational guidance for corporate credit supervision in practice,which will lead to a situation of disordered practice;the scope of corporate information disclosure and The contradiction between the trade secret protection system directly affects the effect of corporate information disclosure.If unreasonable regulation will violate the original intention of the corporate publicity system design in China,it will hinder the process of credit construction in China;the incomplete credit relief procedure limits the expression of corporate appeals;The credit repair mechanism has not been established so that the role of joint disciplinary measures in China's credit management can not be brought to the best condition;the lack of supervision capacity of China's government departments has seriously affected the process of China's credit system construction,and the situation of China's credit system construction is low.Finally,the purpose of the specific analysis of these issues is to propose accurate and powerful strategies to solve the above problems,promote the development of China's credit system,improve the ability of the Chinese government in corporate credit supervision,and effectively guide the development of corporate credit construction in China.One of the characteristics is that combined with the development of big data,it is proposed to focus on cultivating third-party credit institutions that develop big data to cooperate with the government to compensate for the low credit information processing capacity of government departments.It also points out the importance of the government's support for trade associations,the self-discipline of industry associations,the formation of a multi-jurisdictional situation of government supervision,enterprise autonomy,and industry self-discipline,and the development of China's credit system.
Keywords/Search Tags:Corporate credit, Credit information, Big Data, Credit supervision
PDF Full Text Request
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