The Legal Construction Of Enterprise Credit Repair Standards

Credit repair is an indispensable part of the construction of a social credit system,and it is also an important part of the post-event supervision link in the new credit-based supervision mechanism.Enterprise credit repair,as a means of self-renewing and rebuilding credit for untrustworthy enterprises,is not only an exit mechanism for punishment for dishonesty,but also an important supplement to trustworthy incentives.In order to give full play to the institutional functions of corporate credit repair,the three pre-,in-and post-essential elements of “enterprise credit repairs cope-corporate credit repair conditions-corporate credit repair effects”should be used as the basis to construct corporate credit repair standards point-by-side,In order to solve the three continuity issues of what kind of dishonesty can be repaired,what conditions should the dishonesty be repaired,and what impact the repair will have on the enterprise,and to flexibly control the cost of dishonesty and balance the value of all parties.There are many problems with the current corporate credit repair standards.On the whole,due to the lack of higher-level legal guidance,the inconsistent standards for credit repair in various regions have led to the substantive unfairness of "different judgments in the same case".Secondly,the credit repair standards are extensive,and the applicability rules are few and not precise,which cannot meet the complexity of untrustworthy behavior and violate the principle of proportionality.From a partial point of view,the standard problem of corporate credit repair at each node is prominent.The single standard for defining the scope of enterprise credit repair has greatly broadened the scope of non-repair and hindered the full development of credit repair.Extensive design of enterprise credit repair conditions has resulted in excessively low repair conditions,and an overhead punishment and credit repair mechanism.The effect of corporate credit repair has been greatly curtailed due to the emergence of "repair islands".On the other hand,the complete termination of disciplinary measures has surpassed the power of credit repair.In order to solve the dilemma of corporate credit repair standards,first,a unified credit repair standard should be established,the value of all parties should be balanced by regulating the cost of untrustworthiness,and the principle of classification and classification should be run through the whole process of standard construction.Second,optimize the standards for each node of credit repair.Follow the principle of legal reservation to avoid generalization of the scope of non-repair,and the specific judgment standard adopts a combination of subjective and objective methods.Enterprise credit repair conditions should pay attention to gradients and types in order to achieve the quantification of condition standards as much as possible.Based on the idea of balancing the right to know and the right to reputation,clarify the specific application of the credit record processing model,implement coordinated repair,and build a sharing mechanism for credit repair results to crack the "repair island".Start from the two elements of the type of punishment and the legal basis for punishment.Established criteria for judging the removal of disciplinary measures after credit repair.