Study On The Legal Status Of Trade Association In The Construction Of Social Credit System

As an important form of independent governance under the condition of modern market economy,trade association is an important part of the socialist credit system and one of the irreplaceable credit subjects.The State Council’s circular on the issuance of the Outline of the Plan for the Construction of a Social Credit System(2014-2020)says that in the construction of an industrial system,industrial associations should play their role in providing integrity education and training to members.At present,there are some problems in the construction of credit system,such as low coverage of self-regulation treaty,insufficient attention of local legislation and insufficient academic research literature.According to the basic constitution of the construction of social credit system,the legal status of trade associations in the construction of social credit system should be studied from three aspects: the construction of credit information platform,the construction of credit punishment mechanism and the construction of credit repair mechanism.The trade association is authorized to process,evaluate and share the collected credit information for the purpose of strengthening the construction of the industry credit system and the industry credit environment.According to the existing local legislation,the information collected by trade associations should be identified as market credit information,which belongs to the category of non-public credit information.In order to make the industry association play a greater role in the construction of credit information platform,it is necessary to perfect the direction of the unification of credit information rules and standards,the detailed scope of credit information sharing and the clarity of credit information sharing standards.The identification of the scope of the credit punishment measures of the trade association is complicated,because the nature of the trade association is divided into two categories,so it can not be identified as the traditional public power in nature.At present,the implementation contents of credit punishment measures in the regulations and self-regulation treaties of industry associations are mainly from the three aspects of preventing unfair competition,maintaining industry management norms and practitioners’ professional ethics.In this case,the trade association does not deal with the bad credit behavior of the members of the trade association in accordance with the principle of proportion and infringes the rights and interests of the members.Therefore,it is necessary to make unified regulations on the disciplinary measures of the trade associations,strengthen the supervision of the members of the trade associations,and strengthen the "compulsory" management of the members under the condition of maintaining "autonomy".As an important body of the market,the advantages of industry associations are reflected in their ability to provide more comprehensive credit services in line with the needs of members.However,as a non-profit legal person,the industry association provides fewer types of credit services and cannot replace each other with credit service institutions.Industry associations also have irreplaceable advantages in credit repair,including the establishment of advance notification procedures exclusive to the members of the industry association,faster deletion and correction of incorrect credit information,error correction of member files to reduce the damage to the rights and interests of the members of the industry association,and so on.