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Prime Minister Li Keqiang of the State Council chaired an executive meeting of the State Council on November 25 to determine measures to improve the unreliable restriction system and the social credit system to support the development of the socialist market economy. .
The meeting noted that the Party Central Committee and the State Council attach great importance to building a social credit system, which is an important basis for the development of a socialist market economy. In order to strengthen integrity building and create a fair and honest market environment and social environment, the meeting decided to adhere to laws and regulations, protect rights and interests, prudence and appropriateness, inventory management , standardize and improve the unreliable restriction system and promote the construction of the social credit system in an orderly and healthy manner.
The meeting requested that the criteria for determining the list of seriously unreliable entities be regulated and strictly limited to those responsible for seriously endangering the health and safety of life of the masses, seriously altering the order of fair competition in the market and normal social order in accordance with relevant regulations, and will not be added or expanded without authorization.
Strict rights and procedures for using credit information inquiries
The meeting requested that the scope and procedures for including credit information be scientifically defined. The incorporation of specific behaviors into public credit information must be strictly based on laws, regulations, etc., and implement catalog management and make it public. The administrative agency’s determination of unreliable conduct must be based on a legally effective document. Standardize the scope and procedures for sharing credit information. The fact that credit information is shared and disclosed and to what extent it must comply with the principles of legality and necessity, and be clear when compiling the credit information catalog.
Regarding information disclosure, a journalist from the “Daily Economic News” found that, according to the China Law Enforcement Information Disclosure Network, as of November 26, there were 6,217,480 untrustworthy people who were being announced; As of November 25, new courts across the country received more than 9 million cases were executed.
The meeting also noted strengthening information security and privacy protection. Strictly enforce the authority and procedures for the use of credit information inquiries, investigate and severely punish leaks, alterations, damage, theft of credit information or the use of credit information for personal gain, and crack down on illegal acts collection, purchase and sale of credit information.
The meeting requested that all relevant departments in various places promptly clarify measures such as the identification, registration, disclosure and sanction of unreliable conducts that have been issued, and that those that do not comply with the requirements be regulated in a timely manner.
Standardize the criteria to identify the list of untrusted people
In recent years, the credit system seems to have become a “master key” and has been increasingly introduced in the field of social governance and even in the field of personal morality. We often hear that behaviors like running red lights and bus seats need to be included in the credit check.
Shen Kuo, a professor at the Peking University School of Law, believes that to improve the efficiency of law enforcement, the unfavorable consequences of widespread dishonesty and punishment for dishonesty should not be ignored. Some local policies not only equate illegality with dishonesty, but also link it to public ethics. However, under the premise of an administration in accordance with the law, some of the current punishment measures for dishonesty have deviated from the course of the rule of law, “this is very dangerous.”
In 2019, Meng Wei, a spokesman for the National Development and Reform Commission, once stated that promoting the construction of a social credit system must always comply with laws and regulations, be reasonable and appropriate, and prevent identification and unreliable behavior credit generalize and expand credit records.
The executive meeting required to standardize identification standards for the list of seriously untrustworthy entities, and strictly limit them as responsible entities that seriously endanger the health and safety of life of the masses, seriously undermine the order of fair competition in the market and the normal order of society in accordance with relevant regulations, and will not be increased or expanded without authorization. . Specific identification procedures must be strictly implemented.
The assembly pointed out that the penalties for dishonesty will be carried out in accordance with the laws and regulations to ensure that the penalties are equal. Disciplinary measures taken against untrustworthy entities that reduce their rights or increase their obligations must be based on the facts of mistrust, based on laws and regulations, and be of moderate severity. Additional or greater penalties shall not be imposed at will, nor shall financial institutions, credit service institutions, industrial associations and chambers of commerce be mandatory. , The media, etc., punish untrustworthy entities.
According to current regulations, the scope of credit sanctions is to prohibit certain high-consumption behaviors, including the prohibition of airplanes and trains; second, implement other credit sanctions, including restrictions on loans or credit cards issued by financial institutions; third, the person to be executed for dishonesty is a natural person if he is the legal representative, director, supervisor or senior manager of the company.
In addition, the dishonest person must also have the opportunity to repair his credit. The meeting called for the establishment of a credit repair mechanism that leads to self-correction. Unless the laws and regulations provide otherwise, untrustworthy entities may request credit restoration if they correct their unreliable behavior and eliminate adverse effects as necessary. For those eligible for restoration, the relevant departments and units will immediately remove them from the untrusted list in accordance with regulations.
The meeting also determined measures to promote the development and quality of the credit research industry, and called for the promotion of cross-field and regional exchange of credit information related to finance, government affairs and public services. Accelerate the opening and orderly use of government-related data. Actively and consistently promote access to personal credit reporting agencies and increase openness of the credit reporting industry. Improve regulations and credit reporting support systems, strengthen accountability mechanisms, and severely punish credit reporting fraud and other behavior in accordance with the law.
Cover Image Source: Xinhua News Agency
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