Research On The Legal System Of Enterprise Credit Information Supervision From The Perspective Of Transaction Security

Security is an important value of law,and transaction security is an important manifestation of the value of law in the field of commercial transactions.As the most important market entity,the pursuit of profitability is a nature of an enterprise,but only when a transaction occurs can the profitability goal be achieved,and ensuring transaction security is the basic prerequisite for the transaction to occur.Transaction security is conducive to ensuring the balance of interests of both parties,promoting transactions,and ultimately promoting the development of the entire social economy.To further optimize our country’s business environment,promote the transformation of governmental functions,contribute to the establishment of a social credit system,our country has reformed the commercial capital system and the commercial registration system.Through reforms,the right boundary between the government and the market has been redefined,the entry barriers for market entities have been lowered,the entrepreneurial enthusiasm of market entities has been stimulated,and the decisive role of market in resource allocation has been promoted.When the reforms are facilitating public entrepreneurship and promoting rapid economic development,the guarantee function of capital credit for transaction security is constantly weakening,and the function of guaranteeing asset credit for transaction security is increasing.However,the comprehensive judgment of enterprise asset credit needs to be based on full knowledge of enterprise credit information,so that to reduce information asymmetry,save transaction costs,and promote transaction security.Enterprise credit information is a systematic project from information collection,gathering,publicity,sharing,and use,in order to prevent improper exercise of power and damage to the rights and interests of relevant entities,the entire process of enterprise credit information supervision should be strengthened,which not only conducive to promoting the construction of the corporate credit system and the entire social credit system,but also conducive to the ultimate goal of maintaining transaction security and promoting transaction development.Specifically,this article mainly expands from the following five aspects:The first chapter is the deconstruction of the relationship between transaction security and enterprise credit information supervision.This chapter mainly discusses the following issues: Firstly,Explain transaction security.Without trust,there will be no exchange and transactions will not happen,so credit is the basis of transaction security.The reform of the commercial registration system and the reform of the corporate capital system have weakened the function of capital credit to guarantee creditors’ transaction security.It is necessary to strengthen the relevant systems of corporate credit information to improve the maintenance of transaction security.Secondly,improve the supervision of enterprise credit information and analyze the effectiveness of transaction security.Starting from the basic theories of supervision and from the perspective of ensuring transaction security,discuss that improving the supervision of corporate credit information is an important way to ensure transaction security,promote transactions,and optimize the business environment;improving the supervision of corporate credit information plays an important supporting role in reducing transaction costs,improving transaction efficiency and even improving the level of social governance.The second chapter is about defining the scope of corporate credit information from the perspective of transaction security.To discuss the supervision of enterprise credit information from the perspective of transaction security,it is the prerequisite to clarify the scope of corporate credit information.Therefore,this chapter mainly discusses the following issues:Firstly,the connotation of corporate credit information.It is believed that there is a dual structure in which information and data coexist,and it is difficult to clearly distinguish information and data.Enterprise credit information should be data and materials that can determine the credit status of the enterprise.Secondly,Summarized the diversified classification of corporate credit information,pointed out that the most important classification is to divide corporate credit information into corporate public credit information and corporate market credit information,and analyzed the important impact of corporate credit information classification on transaction security.Chapter Three is the collection,disclosure,sharing and supervision of enterprise credit information.Regulatory legal system for corporate credit information collection,disclosure,and sharing from the perspective of transaction security.This chapter mainly discusses the following issues in stages from the perspective of enterprise credit investigation: Firstly,Supervision of corporate credit information collection.It is necessary to improve relevant credit legislation,clarify information collection supervision entities,establish credit information collection linkage and cooperation mechanisms,improve market-based information collection entities’ quality supervision,clarify information collection apply Opt-out informed consent principle,and improve collection standards.Secondly,Supervision of corporate credit information disclosure.Relevant legislation should be revised to resolve legislative conflicts,clarify the subject of supervision,broaden the scope of corporate credit information disclosure,improve the principles of corporate credit information disclosure,and clarify the legal disclosure channels for corporate credit information.Thirdly,Supervision of corporate credit information sharing.There is legal and technical barriers of enterprise credit information sharing,supervision should be improved from several aspects: expand the scope of information sharing,make the sharing of public credit information a statutory obligation of the government affairs department,establish a paid sharing mechanism for corporate credit information,strengthen the sharing function of the information disclosure system,and establish a unified corporate public credit information basic catalog and standard system.The fourth chapter is from the perspective of transaction security,the supervision legal system for corporate credit information application.The vitality of corporate credit information lies in application,therefore,the key purpose of improving the supervision of information collection,disclosure,sharing,etc.,is the application of corporate credit information.This chapter discusses several main situations in the application of corporate credit information from the perspective of credit evaluation and application: Firstly,it is clear that enterprise credit reports,enterprise credit rating evaluations,and enterprise joint rewards and punishments are the main situations for the application of enterprise credit information.Secondly,the enterprise credit report can be called the "enterprise economic ID card." Supervision should be strengthened on the content,accuracy and reporting standards of enterprise credit reports.Thirdly,the enterprise credit rating evaluation is a judgment on the enterprise credit status.The supervision of corporate credit rating evaluation should be improved in terms of strengthening regulatory legislation,clarifying regulatory bodies,establishing effective coordination mechanisms,and improving the credibility and international competitiveness of rating agencies.Fourthly,supervision of corporate trustworthy incentives.We should deepen cooperation to expand the field of trustworthy incentives,clarify and encourage trustworthy regulatory entities,and strengthen the dynamic update and sharing mechanism of joint trustworthy incentives to improve corporate trustworthy incentive supervision.Fifthly,supervision of joint punishment for enterprise untrustworthiness.Joint punishment for dishonesty is currently the most important application of enterprise credit information in our country.We should define corporate dishonesty behavior in accordance with the law,clarify the scope of information sharing for dishonesty,clarify misunderstandings on dishonesty punishment,improve relevant legislation on dishonesty joint punishment,and strengthen the predictability of dishonesty joint punishment.Sixth,ensuring information security is a prerequisite for the application of credit information,information security legislation should be strengthened in terms of regulatory objectives,regulatory principles,regulatory bodies,and regulatory methods.Strengthening information security supervision is the key to better application of corporate credit information.Chapter five: legal system for the protection and supervision of the rights and interests of enterprise credit information subjects from the perspective of transaction security.In order to protect the security of transactions and improve the supervision of enterprise credit information,the correct exercise of their rights and the protection of legitimate rights and interests are particularly important for enterprises as credit information entities.This chapter discusses the rights of several important information entities: Firstly,supervision of the right to know of the credit information of enterprises.It is recommended to improve the supervision of information entities’ right to know from several aspects,expand the scope of enquiries and provide electronic enquiry services,establish a partial credit information inquiry charging system,establish a real-name inquiry,and Simplify notification,etc.Secondly,supervision of the right to object to corporate credit information.The work process and specific requirements of objection acceptance,review,labeling,and feedback should be clarified,and the bottom line thinking of "one number,one source" should be adhered to,so as to improve the supervision of the information entity’s right to object.Thirdly,Supervision of the right to restore corporate credit information.Credit information restoration is an inevitable requirement for the improvement of the punishment mechanism for untrustworthiness.The supervision of corporate credit information restoration rights should focus on improving the legislative level of credit restoration,unifying credit restoration standards,improving corporate credit restoration methods,clarifying credit restoration procedures,strengthening the right to object to credit restoration,strengthen the whole-process supervision of credit restoration,etc.