Research On The Call For The Rule Of Law As To Credit Supervision In New Business Formats

Based on the basic principles of administrative law and relying on the background of the construction of the socialist credit system with Chinese characteristics and the modernization of the national governance system and governance capabilities,this paper explores the legality and rationality dilemma of the new format of credit supervision.In the process of new data-based supervision of data,the main body of credit supervision has changed.There are not only basic forms of government using data to form credit records for supervision,but also platforms that use data to conduct business credit rating and industry associations use data to construct poorly.The unique aspect of the list system.When the three-party credit supervision is combined,it will produce a stricter supervision effect than the traditional format and the legitimacy and effectiveness of the tension,resulting in the possibility of reducing the legitimate rights and interests of the supervised.This article starts with the analysis of the rights and obligations involved in the credit supervision of the three parties and the rule of law and other issues.It attempts to build a theoretical system and a rights protection system for this issue.The scope of "credit supervision" in the supervision of the new format is different from the traditional principles of good faith and credit,and also different from "credit instruments" in the field of economics.The platforms and industry associations in the new format of credit supervision have a public status and should be included in the administrative law research category.There is tension between the free exercise of personal information rights in credit supervision and the protection of public interests.Credit supervision must protect the right to information from infringement,but at the same time it should build a multi-subject supervision system to achieve the need to maintain the balance of public interest and regulate the rule of law.In the practice of online car-hailing credit supervision,it involves the administrative supervision of the government and industry associations on the platform and the government-industry associations,which strengthens or changes the original legal relationship structure of the format.But at the same time,based on the public status of the industry association and the platform in credit supervision,the legal relationship of administrative cooperation between the three parties is more reflected in the legal relationship between the platform and the user,which has exceeded the civil legal relationship of private law autonomy.Public authority constraints.Based on the relative superiority of the former over the latter,there is a dilemma of the rule of law that may cause the rights and obligations of all parties in the industry to be reduced.Specifically,it includes three issues: insufficient credit supervision norms,unclear power restriction and rights protection mechanisms,procedural mechanisms and credit supervision application guidelines that need to be improved,and infringement relief.On this basis,combined with the legal dilemma of the legality and rationality questioning of the three-party credit supervision,it is proposed to follow the basic principles,improve the procedural mechanism,construct an administrative guiding case system,implement the tort liability system,and improve the multi-subject credit cooperation supervision system.And other countermeasures to optimize its legal guarantee mechanism and path.Through the analysis and demonstration of the above five chapters,the core point of this article is reflected in: Credit supervision is essentially a supervision method that adjusts the supervision arrangement by evaluating or recording the past performance collected and processed.It is of great significance for improving the efficiency of government regulation.Different subjects can be used.The development of new formats represented by online car-hailing makes it easier to collect and sort past performances and evaluations,prompting multiple entities to use it as the basis for credit supervision,thereby enriching the connotation of credit supervision subjects and changing the rights between subjects Obligation structure.Typical examples are online car-hailing platforms and industry associations.Although they belong to private entities,they have a quasi-legislative,quasi-administrative,and quasi-judicial public nature in the format supervision process.Changes in the original rights and obligations of the parties in the industry can be included in the scope of the basic principles of the administrative law,resulting in regulatory effects in the administrative law.Specifically,on the one hand,we must pay attention to the power(profit)restrictions on the government,platforms,and industry associations.On the other hand,we must use the autonomous space of platforms and industry associations to realize the protection of their credit supervision rights.In addition,we should consider moving from government regulation to public governance and exploring multi-agent and multi-level cooperative governance.In the context of the rule of law,clarify the legal relationship and power boundary of the credit supervision of the three parties in accordance with the statutory authority and procedures,in order to improve the legal system of credit cooperation supervision in the new format,respond to the dilemma of the rule of law,and protect the legal rights of the regulated.