| Disclosure of information on untrustworthiness is by specific departments recording social entities’ credit information,uniformly including serious untrustworthy conduct on the list for disclosure,causing a negative impact on the image of the disclosed untrustworthy entity,causing damage to their reputation or goodwill,and then influencing the decision-making of other management departments or market entities,forming supervision and punishment of disclosed untrustworthy entities,encouraging and guiding social entities to increase creditworthiness,and ultimately building a system of creditworthiness social customs.This system is the most widely used system among the punishment mechanisms for untrustworthiness,and it is also the premise and foundation for the implementation of other punishment systems.Although the information disclosure system for untrustworthiness is widely used,it is not yet perfect.Due to the lack of uniform credit legislation,the relevant provisions of the system vary from region to region and department,often leading to the emergence of different punishments for the same conduct.In order to eliminate the defects of localization and departmentalization,the untrustworthy information disclosure system shall promulgate special legislation on credit as soon as possible and limit the entities that create the system,establish a sound credit information platform,and strengthen regional information exchange.In response to the problem of excessive collection of natural person information caused by inconsistent norms for the collection of natural persons’ Public Credit Information,a national Public Credit Information catalog may be drafted,a list of powers for the acquisition of credit information may be established,mechanisms for limited use are established,different methods of disclosure of untrustworthy information are distinguished,and de-identification techniques are used to protect personal information.The untrustworthy information disclosure system shall use the degree of harm of untrustworthy conduct as the distinguishing criterion,manage records of untrustworthy conduct in integral terms,and disclose information on untrustworthiness that reaches the integral segment.The content of the disclosure is a visual reflection of the untrustworthy entities’ untrustworthiness facts,so the content of the disclosure should be clarified and limited.In practice,the system has arisen the problem of infringing on the counterpart’s right to reputation,privacy,information,and personal information protection,so the decision-making organ shall perform procedural obligations and protect the lawful rights and interests of the counterpart through the good implementation of notification and hearing procedures.In addition,improving the supervision mechanism and exit mechanism is also an effective way to protect the rights and interests of the counterpart.The expansion of power can be suppressed by setting up unified regulatory departments and strengthening the supervision of public opinion and media;by strengthening the dynamic management of the withdrawal mechanism,the legitimate rights and interests of the counterparty can be guaranteed to be protected by integrating the setting of the disclosure period.The punishment system for untrustworthiness is one of the sections of the establishment of a social credit system,and improving the punishment system for untrustworthiness is an indispensable step in credit legislation.As the most basic punishment system in the punishment system for untrustworthiness,the improvement and study of the information disclosure on untrustworthiness can not only ensure the good operation of the measure,but also ensure the effective implementation of joint disciplinary action systems such as the punishment system for restricting high consumption and the punishment system for restricting qualifications,so that the punishment system for untrustworthiness can play the best results,which has certain practical significance. |
