The Legal Regulation Of The Third-party Credit Service Agencies In Credit Repair

At present,we are gradually improving the construction of social credit system.However,the construction of credit reward and punishment system presents a situation of "attaching importance to punishment while neglecting repair".The identification and repair of bad credit are often carried out by the same department,which seems immature.The more mature foreign credit repair mechanism is represented by the United States,and market institutions have made great contributions to credit repair.In contrast,our credit repair is dominated by government departments.This difference reflects the problems existing in our credit repair mechanism: the actual needs of credit subjects are not considered,and there is a certain degree of separation between administrative work and social credit subjects.In recent years,many domestic scholars have also noticed the theoretical deficiencies of credit repair in China,such as the lack of relevant laws.Social phenomena such as frequent credit repair fraud cases and repeated prohibition of "illegal intermediaries" have also attracted attention.To expand the role of market institutions in credit repair is the inevitable trend of a perfect credit repair mechanism,but at the same time,the balance between the development of credit repair market and supervision should be handled well,and the division of labor between the state,the government and the market should be clarified.However,relevant studies mainly put forward suggestions on the scope and process of credit repair,and put more emphasis on the role of the state and the government.Although some studies have mentioned the need to clarify the positioning of third-party credit service institutions and explore the marketization and professional development of credit repair institutions,they are all macroscopic discussions and do not put forward specific suggestions for market institutions to participate in credit repair.Based on this,this paper is divided into the following six parts: The first part is the introduction.It clear that the orientation is to expand the role of market institutions in credit repair,and the research object is the third-party credit service agencies in credit repair,and the relevant literature is sorted out to lay a foundation for this paper’s research.The second part is about the value of third-party credit service agencies’ participation in credit repair.Because market institutions have theoretical and practical significance in perfecting credit repair mechanism,it demonstrates the rationality of expanding their role.The third part is the legal positioning of third-party credit service agencies in China’s credit repair mechanism.China’s credit repair work is administratively dominant,and third-party credit service agencies are not involved enough.Compared with the value described in the above part,the role of third-party credit service agencies is not fully played.This leads to the fourth part,the plight of all participants under government-led credit repair.The government,market institutions and credit subjects all have difficulties in credit repair,which explains the necessity of third-party credit service agencies participating in credit repair.The fifth part compares the credit repair mechanisms of developed countries with extraterritorially based credit systems,confirms the potential value of third-party credit service agencies,and puts forward suggestions to promote third-party credit service agencies to participate in credit repair based on the reality of China.The sixth part based on the foregoing part,further to the market institutions to participate in the credit repair of the regulatory path to carry on the conception,put forward in the legislation,law enforcement,judicial and other aspects of the proposal.The innovation of this article is from the perspective of third-party credit service organizations,and set a future credit repair in the premise of marketization,specialization,puts forward some Suggestions of more operational and conform to the reality of our country,to build with characteristic of our country credit repair mechanisms,realize the joint operation of government and market,and the participation of the whole society.