A Study On Legal System Of Public Credit Restoration

After the punishment for trust-breaking is made,based on the principle of combining punishment with education,a right relief system is usually set up,that is,a public credit repair mechanism involving public power.As a downstream link of the punishment for trust-breaking,it essentially aims to end the disclosure of negative information as soon as possible.On the one hand,at the national level,in recent years,the construction of social credit system,public credit repair as a right relief system,its implementation approach and implementation effect is of great significance to social construction;On the other hand,at the government level,a credit-based information supervision method is proposed.Through credit supervision,the government’s reform of delegating power,regulating and serving the government and the gradual establishment of a punishment mechanism for trust-breaking are reflected to achieve a comprehensive credit management mechanism before,during and after the event.This paper mainly discusses the theoretical basis of public credit repair,the current situation of public credit repair,the problems existing in the legal system of public credit repair and the improvement of the legal system of public credit repair.First of all,the concept of public credit information and public credit repair is defined.Starting from the connection between public credit repair and punishment for trust-breaking and social credit system,the credit remedy measures are systematically explained,that is,to correct trust-breaking behaviors,eliminate adverse effects and reshape credit by means of public credit repair.Secondly,by sorting out the relevant legal documents of the central and local governments,and summarizing and comparing the five dimensions of repair subjects,repair standards,repair conditions,repair procedures and credit supervision mechanism,it is found that the legal system of public credit repair in China has two problems in legislation and system implementation: First,in terms of legislation,currently,the legislative hierarchy is too low,mainly local legislation comes first,and the repair procedure is not systematic,the trust-breaking subject does not have high participation,and there is a lack of democratic communication mechanism.In order to make the public credit repair system develop rapidly and healthily,it has become an urgent problem to be solved in the construction of social credit system.Second,the implementation of the system.First,the subject of restoration is not clear,and the provisions on the recognized units and supervision subjects are relatively general in the document.Second,the repair standard is not clear,the public credit repair standard and the scope of application need to be clear;Thirdly,the conditions of repair are relatively broad and the public authority has a large discretionary space.The conditions of repair of public credit should be distinguished between general trust-breaking behavior,serious trust-breaking behavior and specific serious trust-breaking behavior.Fourth,the credit supervision mechanism is not perfect,the internal and external supervision power is insufficient,the third party credit service agency supervision is absent.Finally,based on the above problems,this paper puts forward relevant improvement measures and suggestions.Public credit repair is not a short-term,temporary process,but a lasting and dynamic process,the public credit repair system should be consistent with the socialist core values,credit is the foundation of individual enterprises,the source of social harmonious development.Incentive and punishment for trust-breaking have become important links in the construction of social credit system.The punishment for trust-breaking jointly implemented by multiple departments has increased the credit cost of trust-breaking subjects,so it is more necessary to further promote the construction of social credit system through the establishment of public credit repair system.