Preliminary Discussion On The Criminal Law Protection Of Social Credit

Credit and social credit are generated almost simultaneously,and have the natural attributes of legal protection.From the perspective of contemporary society,social credit has completely broken through the economy of credit,and China seeking to build social credit system is one of the best proofs.Unlike the credit systems in western countries,which are confined to the economic realm,China's social credit system is a huge contribution to global social governance.After more than ten years of marching on the road,this system is gradually being implemented.The core of the social credit system is social credit.The purpose of its creation is to protect the public credit,and strive to form a public identity that “allows the untrustworthy to be restricted everywhere” in social governance,thereby shaping the public's awareness of credit standards.On the one hand,“allowing broken trustees everywhere” is the deprivation of certain rights of citizens.According to the basic spirit of the rule of law,deprivation of rights must be based on sufficient procedures and proper procedures.On the other hand,legal protection is an important factor in the success of the social credit system.This requires that credit governance must follow the spirit of the rule of law.At the level of criminal law,taking social credit as the object of protection and criminalizing those who break social credit not only has legislative precedents,but also fully conforms to the general principle of criminalization.The legal protection of social credit can only be achieved by constructing a sound theoretical foundation.Although the theoretical community has made some progress in paying attention to credit,it still cannot deny the reality that it is in a critical stage of urgent development.Whether social credit is defined as a state of social relationship structure or an evaluation of a social relationship model,it fails to fully reveal the essential characteristics and internal needs of social credit.Because the social function of credit has already changed from focusing on social moral evaluation to focusing on transaction security,and then focusing on social security.Constructing a social credit system with Chinese characteristics is the goal of the authorities tocomprehensively plan the construction of a social credit system.Therefore,it is the basis to accurately define the connotation of social credit,the attribute of legal benefits,and the choice of its protection mechanism system.From the original intention of the central government to plan the social credit system,social credit has the characteristics of vague connotation and extended openness.According to the inspiration of Marxism,social credit can be defined as the sum of social trust relationships,which is the core kernel.The tropism and publicity of the trust relationship determine that social credit is not absolutely dependent on an individual,but has two sides.When social credit is attached to an individual,it is expressed as a personality right;when social credit is attached to the public,it is expressed as a super-personal public interest.Based on the positive value of social credit in social economic development and the construction of a new social structure relationship model,the comprehensive construction of social credit urgently needs the construction and improvement of the legal system.In the construction of the social credit legal system,based on the “last law” attribute of criminal law,it is necessary to prudently intervene in the social credit protection system.The criminal law protection of personal credit includes not only the protection of social credit as a personal personality right,but also the punishment of the betrayal of the other party 's loss of trust due to breach of trust;at the same time,the criminal law protection of public credit should firmly grasp the relationship between serious social hazards,relative subordination and super-personality,so as to achieve slack legislation.To improve the legislative system for the protection of China's social credit criminal law,it is necessary to determine a “three-step” construction plan.The first step should be to clarify the interests in the current criminal law concerning the count of social credit.According to the needs of the protection of the social credit,the corresponding content should be set in the elements of the elements of the existing crimes.The second step should start the necessary criminalization process in a timely manner and incorporate important types of social credit into the protection of criminal law.At present,combined with the social reality of our country,it is possible to criminalize behaviors that seriously infringe on the credit of others,acts of betrayal,acts of false credit increase,and acts of deceiving administrative materials by deceiving falsedeclaration materials.It is recommended to add “crime of derogation of others” after the first paragraph of Article 246 of the Criminal Law;add “crime of betrayal of trust”after Article 270 of the Criminal Law;add “crime of false credit increase” after Article 210 of the Criminal Law;After one of the 280 articles,“crime of administrative fraud” was added.The third step is based on the development of the social credit protection system.Under the premise that the social credit criminal law theory is relatively complete,we should seek to build a credit criminal law system to better respond to social reality.