Credit reference is a basket, everything in it? State Council: this matter should be standardized

 Credit reference is a basket, everything in it? State Council: this matter should be standardized

Strict credit information query access and procedures

Meeting requirements, scientific definition of credit information into the scope and procedures. To include specific behaviors into public credit information, we must strictly take laws and regulations as the basis, and implement directory management and make it public to the public. The determination of dishonesty by administrative organs must be based on legal documents. To standardize the scope and procedures of credit information sharing and publicity. Whether and to what extent credit information is shared and disclosed should adhere to the principle of legality and necessity, and should be made clear when compiling the credit information catalog.

In terms of information disclosure, the reporter of daily economic news found that, according to the China executive information disclosure network, as of November 26, there were 6217480 people who had been executed for breach of faith; as of November 25, 2020, the courts across the country had received more than 9 million new enforcement cases.

The meeting also pointed out that information security and privacy protection should be strengthened. We will strictly enforce the authority and procedures for the inquiry and use of credit information, seriously investigate and deal with the leakage, alteration, damage, theft of credit information or the use of credit information for personal gain, and severely crack down on illegal collection and trading of credit information.

According to the meeting, the relevant departments in all localities should pay close attention to clearing up the measures of identifying, recording, publicizing and punishing the dishonest behaviors that have been issued, and standardize those that do not meet the requirements in a timely manner.

Data map, text independent (source: photo web)

Standardizing the identification standard of the list of serious dishonest subjects

Shen Kui, a professor at the Law School of Peking University, believes that in order to improve the efficiency of law enforcement, we should not ignore the adverse consequences of generalized dishonesty and punishment. Some local policies not only equate violation with dishonesty, but also link public morality with it. However, under the premise of administration according to law, some of the current punishment measures have deviated from the channel of the rule of law, which is very dangerous.

According to the law, Meng Weihe, the spokesman of the State Development Commission of China, insisted that the credit system should be appropriately improved in accordance with the law.

The meeting pointed out that punishment for breach of trust should be carried out in accordance with the law and regulations, so as to ensure that excessive punishment is equal. In order to take disciplinary measures to reduce the rights and interests or increase the obligations of the dishonest subject, it must be based on the facts of breaking faith, be based on the law and regulations, and be moderate in weight. It is not allowed to add or increase the punishment at will, and it is not allowed to force financial institutions, credit service institutions, industry associations and chambers of Commerce, news media and other institutions to punish dishonest subjects.

According to the current regulations, the scope of credit punishment is: first, forbidding some high consumption behaviors, including prohibiting taking plane and train soft sleeper; second, implementing other credit punishments, including limiting loans in financial institutions or handling credit cards; third, those who are subject to dishonesty who are natural persons shall not be legal representatives, directors, supervisors and senior managers of enterprises.

In addition, the dishonest should have the opportunity to repair their credit. The meeting called for the establishment of a credit repair mechanism conducive to self correction. Unless otherwise stipulated by laws and regulations, the dishonest subject can apply for credit repair if it corrects the dishonest behavior and eliminates the adverse effects. For those that meet the repair conditions, the relevant departments and units shall remove the list of dishonesty in time according to the regulations.