Research On The Legalization Path Of Local Government Credit Governance

With the change of China's social structure,social mobility makes the organizational foundation gradually weaken and the relationship between subjects gradually decline.The development characteristics of social pluralism reduce the government's mobilization ability.Therefore,social credit governance comes into being in time and becomes an innovative governance mode.It extends from the traditional market credit order construction to the public credit field and realizes the comprehensive coverage of credit governance.The practice of social credit governance mainly relies on the credit evaluation of the subject's performance of legal obligations and agreed obligations,and according to the different status of the subject's credit,it realizes the social credit governance of the subject by establishing the social credit list and credit reward and punishment mechanism.Because credit means have the characteristics of low cost and remarkable effect,there are some problems in practice,such as the low level of legal norms of social credit governance mechanism,the lack of legal authority to reduce the rights of the relative person,etc.,which leads to the unlimited expansion of credit scope due to the unclear definition of concept,and deviates from the principle and spirit of the rule of law.Because social credit governance is the product of local practice,this paper analyzes the practice of local government credit governance.From the perspective of local government social credit governance practice,we can more comprehensively and locally understand the problems existing in the process of local government social credit governance.Due to the policy leading and local legislation first,the local practice of credit governance appears the imbalance of effectiveness and legitimacy.Based on their own governance needs,local governments alienate the governance of social credit as an important support to strengthen the implementation of the law.In the process of implementation,due to the unclear definition and grasp of the connotation of social credit,the endless emergence of local norms and different standards,the institutional mechanism of social credit governance presents local characteristics.At the same time,the lack of participation of the main body leads to the expansion and extension of administrative power.Based on the above legal dilemma in practice,we need to return to the theoretical basis to analyze the legal attribute and legal basis of the key elements in social credit governance.In practice,it is generally believed that the definition of social credit in law is based on the consensus on the subject's performance of legal and agreed obligations.Based on the concept and cultural basis of social credit itself,it is also necessary to distinguish the differences between law-abiding and trustworthy,good faith and social credit,morality and social credit.As the subject of social credit,the related credit rights not only have the attributes of personality,but also have the attributes of property interests.Therefore,the design of social credit related system needs to take into account the multiple attributes of credit itself.The legal nature of the administrative use of social credit information should be analyzed in a typology to clarify the difference between administrative confirmation and administrative punishment in credit governance.Only by clarifying the legal properties of their behaviors can we regulate the expansion of administrative power in the social credit management of local governments.Facing the problems in the practice of social credit governance,the fundamental way is to promote the transformation of governance by law.Therefore,based on the dilemma of the rule of law in its practice,we should first position the objective function of social credit governance in the rule of law.Social credit governance is not to completely regulate and control the main body,and build it into a perfect society,but should limit the scope of social credit to the key areas related to the people's vital interests,and follow the principle of administrative rule of law Exercise power prudently.Secondly,in addition to the basic requirements of legitimacy,we should also combine the problems in the current credit governance practice,in order to absorb the wisdom of the local existing system,and make the power be controlled in the law,so that the administrative power can be standardized and rationally implemented through the improvement of legal rules,the optimization of procedures,and the relief and protection of rights;finally,the local government social credit governance legalization needs to expand the participation of multiple subjects in governance and construct the realistic mechanism of multiple subjects participating in credit governance.