Research On Credit Commitment System Of Commercial Registration

The credit commitment system is an innovative measure in the context of administrative approval system reform.In theory and practice,it is often mixed with the disclosure commitment system without distinction.The commercial registration credit commitment system is one of the types of credit commitment systems.Scholar Chen Xinghua divided the credit commitment system of market entities into three categories:commercial registration,safety production,and industry supervision.Among them,the commercial registration credit commitment system is the earliest and currently the best implemented credit commitment system.The credit commitment system for commercial registration,consisting of two parts: commercial registration and credit commitment,refers to the implementation of the credit commitment system in the field of commercial registration.The credit commitment system for commercial registration,specifically,is to exchange the credit commitment letter of the commercial registration applicant for the exemption from review and acceptance of registration materials by the commercial registration authority in commercial registration.In practice,it specifically includes the enterprise administrative license notification commitment system,enterprise certification matter notification commitment system,commercial registration application material acceptance system,and simple cancellation of registration credit commitment system.The credit commitment system for commercial registration originated from the "Detailed Rules for the Trial Implementation of Notification Commitment Approval Method for the Establishment and Opening of Enterprises in Pudong New Area" issued by Shanghai Pudong New Area in 2001,which proposed for the first time the implementation of the notification commitment system in the establishment and opening process of enterprises.Afterwards,the production of credit commitments as an important measure to promote the transformation of government functions and optimize the business environment was widely piloted in various regions and fields.The "Outline of the Social Credit System Construction Plan(2014-2020)" issued by the State Council in 2014 pointed out the need to gradually establish a credit commitment system for administrative license applicants.For the first time,the establishment of a credit commitment system was proposed at the central level.The credit commitment system has risen from the level of local institutional norms to the level of national institutional norms,indicating that credit commitment production has been recognized as an effective measure of local reform and innovation at the national level.The second paragraph of Article 19 of the "Regulations on Optimizing the Business Environment" issued in 2021 clearly stipulates that the "notification commitment system" shall be implemented for administrative licensing matters related to enterprises.Although this clause only applies to administrative licensing matters related to enterprises,the commercial registration itself includes the issue of administrative licensing matters related to enterprises.Therefore,this clause can be regarded as a legislative source of credit commitment in commercial registration.This clause clarifies the credit commitment system in the form of administrative regulations,Solved the legitimacy dilemma of the credit commitment system,which has long lacked direct legal and regulatory basis.Although the commercial registration credit commitment system has administrative regulations as the direct legal basis,there are still legal difficulties in this system that contradict the relevant provisions of the Administrative Licensing Law and violate the principle of legal priority,the legal hierarchy is too low,and the commercial registration credit commitment system lacks incentives,punishment is weak,and the credit compliance mechanism is not sound.This article proposes a series of suggestions to address these issues,To contribute to the improvement of the current credit commitment system for commercial registration.Specifically,this article is divided into four parts.The first part defines the concept and characteristics of the commercial registration credit commitment system,sorts out the historical changes and functions of the commercial registration credit commitment system,and analyzes and explains the nature of the commercial registration credit commitment system.The second part elaborates on the basic principles,main procedures,and safeguard measures of the credit commitment system for commercial registration.The third part summarizes the practical types including the enterprise administrative license notification commitment system,enterprise certification matter notification commitment system,commercial registration application material acceptance system,and simple cancellation of registration credit commitment system.At the same time,by analyzing the current difficulties faced by the commercial registration credit commitment system,the implementation effectiveness of the current commercial registration credit commitment system is reflected from two aspects.The fourth part proposes improvement suggestions for the commercial registration credit commitment system from four aspects: promoting the incorporation of the commercial registration credit commitment system into the law,improving the incentive mechanism for the commercial registration credit commitment system,improving the disciplinary mechanism for the commercial registration credit commitment system,and building a commercial registration credit compliance system.