Research On Social Credit Punishment From The Perspective Of Administrative Rule Of Law

,Credit" in the legal dimension refers to the situation in which natural persons,legal persons and non-legal organizations with full capacity perform their statutory or agreed obligations.The term "Social Credit Punishment(SCP)" can be used to refer to a kind of administrative act in which the administrative subject give punishments by relying on negative credit information for the purpose of performing administrative duties and providing public services.A complete SCP presents a staged legal structure,including the evaluation and collection of negative credit information,the inclusion of the information,the blacklisting,and the punishments and restraints of blacklisted individuals.Many disciplines,such as ethics,administration and administrative law,can provide theoretical support for it.Focusing on the legal nature of "Administrative Blacklist",scholars have put forward many theories,such as the Theory of Single Administrative Act,the Theory of Formal Analysis of Effect and the Theory of Analysis of Administrative Legal Relationship,which have reference significance for defining the administrative legal nature of SCP.Using the methodology of Administrative Process Theory,the collecting and evaluating stages of SCP can be defined as internal procedural acts,and the behavior of blacklisting belongs to specific administrative acts.The behavior of information sharing belongs to internal administrative acts,and the behavior of negative credit information publishing is mainly a kind of reputation punishment.All kinds of punishments and restraints belong to administrative punishment.It can be seen that SCP is punitive,but it will not violate the principle of "No More Punishment" in administrative law because of the continuity of its procedures and administrative punishment procedures,the difference between the publication of the negative credit information and the publication of the results of administrative punishment,and the compatibility of "Concurrent Punishment for Blacklisted Individuals " and "No More Punishment".At present,SCP is faced with the following problems:different standards for collecting negative credit information,alienation of evaluation function of the information,unclear conditions for publishing the information,abnormal application of punishments and restraints.The reasons are related to the target nature of substituting for traditional regulatory means,the rash advance of construction of Social Credit System,and the low level of effectiveness and the careless content of SCP legislation.It is imperative to improve SCP by rule of law,and the first thing to do is to clarify the legal basis of it.In addition,the information collected should be limited to "information on illegal and criminal acts that are still insufficient to achieve the purpose by means of existing sanctions".It is not appropriate for administrative power to break through this limit and go beyond the field that can be adjusted by morality.The evaluation of negative credit information shall not invade the right of social credit decision of market subjects.According to the basic operating mechanism of SCP,the information can only be published if the acts of the counterpart are determined to infringe upon the "public interest" within a certain range through hearings,investigations and consultation procedures.The whole punishment stage should be adjusted by the Principle of Relevance,and there must be substantial relevance between publication and other social subjects’behavior choices,between punishments and restraints and the nature of other social subjects’ behavior,and between Joint Punishment and the creditworthiness of the counterpart.Among many measures,it is fundamental to clarify the legal basis.Considering the relevant provisions of the Legislative Law and other factors,we can see that the legal basis can only be clearly defined in the narrow sense of "law",and the purpose can only be achieved through the formulation of a unified basic law of social credit,while it is not an advisable choice to include SCP in the Administrative Punishment Law.