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Research On Local Legislation And Standardization Of Public Credit Information Collection

Posted on:2022-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y XueFull Text:PDF
GTID:2506306509962069Subject:legal
Abstract/Summary:PDF Full Text Request
Since the 18 th National Congress of the Communist Party of my country,in order to promote the modernization of the national governance system and governance capabilities,enhance the awareness of integrity of the whole society,create a good credit environment,and enhance the overall competitiveness of the country,the Party Central Committee and the State Council have attached great importance to the construction of a social credit system,and continuously promoted the society Relevant regions,departments and units have also actively promoted the construction of the credit system.A number of laws,regulations and standards for the construction of the social credit system have been promulgated one after another,including local legislation on the management of public credit information.As an important part of local public credit information regulations,the collection of public credit information must be legal,scientific and effective in order to better play its basic role.For this reason,based on the specific provisions of public credit information collection in the current local legislation,this article uses value analysis,text analysis,comparative analysis and other methods to conduct problem inspection and theoretical analysis,and then propose perfect opinions and suggestions.It has important practical significance.The thesis first sorts out and counts the local legislative norms of public credit information collection from the five aspects of information collection subject,object,content,method,and prohibition.Then,using theories of public credit information collection,local legislation and other theories to analyze,it is pointed out that in current local legislation,the main body of public credit information collection is not specific and the scope is relatively general;the object of information collection is not clear and the definition is relatively abstract;information collection The content is imperfect,the content is missing;the information collection method is not perfect,and the regulations are missing;the prohibition of the collection of information is not detailed,and the definition is relatively vague.Subsequently,learning from the experience of the United States,France,and Japan,three public credit information collection legislative enlightenment’s were put forward:perfecting basic national laws and supporting laws,perfecting personal privacy protection laws,and clarifying the subject and scope of public credit information.Finally,in response to the current problems in local legislation,five suggestions for improvement are put forward: First,in terms of comprehensively improving the collection body,it is proposed to concertize the connotation of state agencies,enterprises and institutions and incorporate them into judicial agencies,group organizations and other subjects;Second,in the unified adjustment of collection objects,it is proposed that the unified collection objects are natural persons,legal persons and other organizations,and the age of natural persons is specifically stipulated that the age of natural persons is 18 years old or older;third,in terms of increasing and sound collection content,a unified definition is proposed as basic information,etc.Three types of information;accurately classify the connotation of three types of information,including good information,and stipulate that the information collection period is within 7 days;fourth,in terms of improving and improving the collection method,it is proposed that the collection body participates in the catalog preparation,the catalog preparation procedure is improved,and the information is unified Collected to the platform;Fifth,in terms of improving the update of prohibited information,the content of the explicit prohibition of information collection and the unified prohibition of information collection are proposed.Good law is the foundation of good governance.Examine the regulations on the collection of public credit information in local legislation,analyze the scientifically,accuracy,and legitimacy of its legislative provisions through legal principles,point out its problems,and put forward suggestions for improvement,but only objections to public credit information The preliminary exploration of dealing with the premise of "good law" and whether it can effectively promote the "good governance" of local public credit information objection processing requires further research and exploration in practice.
Keywords/Search Tags:Public credit information, Collection, Local legislation, Legal norms
PDF Full Text Request
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