Research On The Legal System Of Credit Restoration In Dishonest Punishment

With the gradual perfection of the disciplinary system against faith breaking more and more subjects are listed as disciplinary objects against faith breaking.As an important component of the punishment mechanism for trust-breaking,the credit repair system is directly related to whether the trust-breaking subject can restore credit and return to normal.The greater the enforcement of punishment for trust-breaking,the stronger the trust-breaking subject’s appeal to repair its credit.However,our credit repair system is still lagging behind national legislation,and some local explorations are still pluralistic and chaotic,and the academic research is not systematic enough.Therefore,it is urgent to increase the jurisprudential study of credit repair system in response to the urgent demand of social practice.Credit repair system is a legal system to improve the credit status of the trust-breaking subject,which has the characteristics of relief,legal nature and procedure.After performing the statutory obligations,the trust-breaking subject may apply to the relevant department for credit repair.The credit repair system is mainly composed of repair subjects,repair conditions,repair procedures,repair methods,repair responsibilities and other factors.In terms of value,it has positive effects such as relieving trustbreaking subjects,encouraging honesty and trustworthiness,optimizing the social credit system and creating a good business environment.However,through combing the legal texts and normative documents at the national and local levels,it is found that there are still outstanding problems in the credit repair system in our country:legislation at the national level is lagging behind,the rights of the subjects of credit repair are unbalance,the conditions of credit repair are not reasonable,the method of credit repair is not scientific,the procedure of credit repair is not sound,and the responsibility of credit repair is still missing.From the main practices of the United States,the United Kingdom,South Korea and other countries,perfecting the legal norms of credit repair,widening the measures of credit repair service and strengthening the supervision of credit repair are useful experiences for our reference.We should combine foreign experiences with our country’s actual situation and mainly improve credit repair system from the following six aspects.First,to speed up the legislative progress of the national legal system of credit repair,with the legal norms of the credit repair system in the comprehensive credit legislation as the guide,to formulate special legislative or administrative documents of the credit repair system.The second is to improve the allocation of the rights of subjects of trust-breaking,strengthen the protection of the rights of natural persons who break the trust and the right constraints of persons subject to enforcement for trust-breaking.Third,to improve the conditions of credit repair,clear the positive and negative conditions of credit repair.The fourth is to clarify the way of credit repair and its application,expand the way of credit repair and clarify its application.Fifth,optimize the setting of credit repair procedures,standardize the application process and improve the credit repair objection procedures.Sixth,strengthen credit repair responsibility mechanism,allocate credit repair responsibility scientifically and broaden credit repair supervision methods.