Research On China’s Personal Credit Repair System

As a social management tool with credit as its core,the personal credit repair system is a necessary link to improve credit supervision and an important mechanism for the construction of social credit system.At present,as the breadth and width of discipline for breach of trust continues to deepen,the value imbalance within the social credit system has become more serious,which stems from the inherent value conflict between punishing breach of trust and safeguarding individual rights,and jurisprudence should intervene in it to bring credit construction into the track of rule of law.As an important link between the disciplinary system for breach of trust and the incentive for trustworthiness,the lack of attention to the personal credit repair system in practice has led to the problems of low operability of the personal credit repair system and weak correlation between the disciplinary system for breach of trust and credit repair.By examining the current personal credit repair system in China,we propose suggestions to improve the personal credit repair system,so as to balance the credit disciplinary system and the credit repair system in China,solve the problem of generalization and alienation of the disciplinary system,and improve the effectiveness and rationality of credit repair to a certain extent.On the basis of this,from the perspective of social credit system construction,the study of China’s personal credit repair system is carried out sequentially and progressively based on the current text of personal credit repair system,so as to improve the supply of credit system,better play the role of personal credit repair system in improving the effectiveness of national governance capacity and level of governance,and shape an honest society.The first part analyzes the basic theories of personal credit system,summarizes the relevant concepts of credit,focuses on the concept of personal credit repair,clarifies the institutional boundary of personal credit repair,and establishes the research direction.It also analyzes the functions of the personal credit repair system and explains the significance of conducting research on the personal credit repair system;from the second part,the legal origins of the current personal credit repair system in China are sorted out through normative analysis from the perspective of the domestic system,and the main contents of the personal credit repair system in China are outlined as the subject,scope,conditions,procedures,methods and responsibility supervision;the third part,on the basis of the second part From a practical point of view,it is found that China’s personal credit repair mechanism is faced with: firstly,low legislative ranking;secondly,unsound substantive provisions,including the lack of personal credit repair methods,poorly defined scope of application,and lack of correlation between credit repair means and breach of trust;and again,irregular procedural provisions,including non-uniform process,rough conditions,and inadequate time limit provisions.Finally,there are problems such as unsound legal supervision of personal credit repair,insufficient supervision of credit repair organs,lack of post-facto supervision of credit subjects,and loopholes in the supervision of third-party credit service organizations;Part IV analyzes the reasons for the above problems in the context of the current social background,i.e.,the absence of unified social credit laws,the low level of citizens’ independent participation in credit repair,the openness of public credit data in the context of algorithms The fifth part,on the basis of clarifying the causes of the problems,proposes to clarify the basic principles of personal credit repair through comparative analysis,drawing on the experience of mature foreign systems and related fields,and proposes to raise the legislative rank of the personal credit repair system,improve the substantive provisions of personal credit repair,standardize the procedures of personal credit repair,and establish an effective credit repair system in view of the existing problems of personal credit repair.In addition,we propose to improve the legislative level of personal credit repair system,improve the substantive provisions of personal credit repair,standardize the procedures of personal credit repair,and establish an effective supervision mechanism of personal credit repair.