Research On The Legal Issues Of Credit Supervision In The Context Of Digital Society

In the current,credit laws and regulations are not sound,the social credit environment to be developed,China’s Social Credit System construction needs a leading role played by the executive branch.Improving credit supervision system is one of the important goals of Social Credit System construction,and personal credit supervision has also become an important part of government responsibility.Personal credit is the micro-foundation of social credit,which can be understood as the performance of legal or contractual obligations of specific natural persons.According to the chronological order,the specific methods of personal credit supervision can be divided into three stages: first,the collection of personal public credit information;second,the evaluation and rating of personal credit;third,implement punishment for breach of promise or incentive for keeping promise.As a compound administrative activity composed of different supervision methods,the legal attribute of personal credit supervision should be determined separately according to the three stages of supervision.In order to examine a kind of social governance,we must pay attention to the realistic social background.The digital society we are experiencing is an important starting point for the analysis and research of personal credit supervision.The digital society has two core features: a big data society in which large amounts of valuable data can be copied and shared at high speed,and an algorithmic society in which big data is relied on for covert,automated computing and decision making.Under the influence of the characteristics of the digital society,the personal credit supervision also shows the practice state of the collection of multiple personal public credit information,the automatic personal credit scoring and the extensive punishment of personal breach of trust.Due to the lack of substantive legal norms and procedural legal provisions,digital technology helps to extend the scope of personal credit supervision,improve efficiency and save costs,it has also allowed the executive branch’s power to expand without restraint,raising many questions.The executive branch’s use of big data to aggregate personal and public credit information has led to the over collection of personal information,the "Algorithmic Black Box" in personal credit scoring activities implemented by algorithms threatens social justice,personal punishment for breach of trust,which based on the digital platform,raises the problems of abusing administrative power and threatening of citizens’ rights,all can be attributed to the imperfection of the legal regulatory framework.Therefore,it is necessary to formulate a unified credit legislation at the national level as soon as possible to make up for the loopholes in the existing legal norms.In the area of the collection of personal public credit information,we should clarify the subject and object of the collection,and improve the content and procedure of the collection.In the area of personal credit scoring,we should set up algorithmic technical standards and review mechanisms improve explanation and defense procedures.In the area of punishment for breach of promise,we should specify the scope and standards of punishment for individuals who break faith,and improve the mechanism for credit rehabilitation and relief.In short,through legal constraints and regulation,to promote the personal credit regulation activities of executive branch effectively in the digital society.