Research On My Country’s Credit Repair Mechanism

At present,the construction of my country’s social credit system has entered a stage of rapid development.As a supporting and parallel mechanism for the punishment of dishonesty,credit restoration assumes the social function of restoring credit and withdrawing from punishment for dishonest entities.It is an indispensable and important part of the social credit system.Credit restoration The improvement of the mechanism is of great significance to the realization of the purpose and value of the social credit system.This article focuses on the repair mechanism of dishonesty behavior under the narrow concept of credit repair as the research object.Mechanism is a concept different from the system.The credit repair system is a macro-standard system established by the state,which mainly reflects the value orientation of encouraging untrustworthy entities to rehabilitate by actively assuming responsibilities,while the credit repair mechanism is about repairing entities,procedures,conditions,etc.The system elements and the specific norms that mutually promote and restrict each other.Credit repair and dishonesty punishment are like the "two wings of a bird and two wheels of a car".They are a supporting parallel mechanism for punishment of dishonesty and should be given equal attention.The value orientation of the credit repair mechanism is a comprehensive correction of the heart and spirit of the dishonest.The value at the individual level is reflected in the awakening of the dishonest subject’s awareness of compliance and commitment in social interactions and the re-emergence of other social subjects’ trust in the dishonest subject.On the social level,it is embodied in providing opportunities for the dishonest to reshape their credit image and reintegrate into society.Credit repair,as a law,gives the untrustworthy subject the right to restore credit withdrawal punishment in a certain way after the untrustworthy behavior occurs,and it also has the attribute of obligation.Based on the fact that my country’s credit repair system is in the early stage of development and there is no national situation that can be used for reference,the credit repair mechanism is based on the development concept of "local trials first,active innovation".The central level credit restoration norms emphasize strengthening the protection of the rights of untrustworthy entities,and convey the guiding spirit of encouraging localities to actively carry out credit restoration work.The specific implementation of the credit restoration mechanism mainly relies on local laws,regulations and other normative documents.The State Administration for Market Regulation’s Implementation Opinions on Improving the Credit Repair Mechanism(Draft for Solicitation of Comments)is my country’s first regulatory document with a credit repair mechanism as the main content at the national level.Its biggest highlight is the outbreak in 2020.The new crown epidemic proposes the establishment of an emergency credit repair mechanism.The credit repair system of foreign developed countries started earlier and the related mechanisms are relatively mature,which has certain reference significance for the improvement of my country’s credit repair mechanism.At present,my country’s credit repair mechanism exists: the level of credit repair laws is low,and the local specific rules differ greatly;lack of substantive review of untrustworthy entities,and the purpose of repair is difficult to achieve;no type of repair mechanism has been established,and the repair lacks precision;insufficient supervision There are four more prominent problems that cannot effectively restrict public power.We should speed up the formulation and implementation of national credit restoration laws and regulations;strengthen the substantive review through the establishment of the substantive review obligations of credit restoration agencies and the intervention of industry associations;set up a typed restoration mechanism;and conduct administrative level supervision and external supervision of restoration agencies.All aspects should be improved to promote the maximum social function and value realization of my country’s credit mechanism.