Legal Research On Society Credit System Of China

To well establish society credit is a necessity to establish modern market system, and also the basic method to regulate the order of the market-centered economy. A permanent cure project of the establishment of the society credit system in China is now comprehensively organized and being implemented. Society credit system is a synthetic task involves many subjects like law, administrative management, economy and moral culture. Legislation is to guide, regulate and protect in the society credit system. It is of great importance in the establishment. The paper illuminates the interdependent relation between legislation and society credit system, fundamental legal problems and principles in the establishment of society credit system, and market situation and legislation situation of China credit checking and credit evaluation. Meanwhile the paper analyzes fundamental legal relations in the credit system, defines credit-checking institute, information providers and users, and defines the relation of rights and obligations between credit-checked enterprises and individuals and them. Through research on the credit checking regulation in Beijing, Shanghai, Shenzhen and Shantou, and"credit rating management regulation"by the State Council, the paper analyzes and summarizes their legislative characteristics. The paper also introduces credit management models in the developed countries and their legal framework, the legal framework of America social credit management system, and the inspiration to the establishment of China social credit system.The balance of legal rights and interests between data open and the protection of the right to privacy and business secret is one of the big problems in the credit system legislation. This paper renders the principle that data open should be given priority in China at present. Furthermore, it puts forward some advice on how to solve the conflict. Equal credit chance and impartial crediting-giving is another big legal problem in establishing credit system. What's more, the paper analyzes the common phenomenon that the administrative agency gives different treatments to enterprises with different credit rankings, and puts forward norms to judge it is legal or not. At the same time, the paper illuminates how to legally solve credit-rating conflicts.