The construction of the social credit system has entered the stage of legalization

The construction of the social credit system is an important part of the modernization of the national governance system and governance capacity, and it is also the due meaning of promoting the innovation of social governance modernization tools. The Fifth Plenary Session of the 19th Central Committee of the Party further clarified “promoting the construction of integrity”, and the Implementation Outline of the Construction of a Society under the Rule of Law (2020-2025) pointed out that the construction of social integrity should be promoted. We will accelerate the construction of a social credit system and raise the awareness and level of credit of the whole society. In the context of comprehensively promoting the rule of law and the construction of the rule of law government, as the leading subject of the construction of the social credit system, the government should play a leading role of “demonstration by example” and the overall role of the governance subject, and rely on the construction path of administration by law to promote the systematic and standardized development of the construction of the social credit system.

Judging from the practice in recent years, the construction of China’s social credit system has steadily entered the stage of legalization of legal rules, showing the following three key characteristics:

First, the time is ripe for legislation. Social credit legislation has been included in the legislative plan of the Standing Committee of the 13th National People’s Congress, and relevant departments are also conducting in-depth research and demonstration on key and difficult issues involved in legislation, and the progress of legislative work is expected to be accelerated.

Second is the legislative focus. One aspect is to formulate such as social credit law, social credit reward and punishment law, etc., to improve the construction of social credit system; On the other hand, it is to formulate the credit management law and the credit investigation law to comprehensively regulate the development of the credit investigation market. Both of them face many challenges in the new situation, and both need to focus on solving the problem of insufficient rule of law.

Last is the legal system. At present, the introduction of regulations and normative documents such as the Regulations on the management of the credit investigation industry and the Interim Regulations on the publicity of enterprise information have provided an important reference for the formulation of the social credit law, but it is urgent to provide a top-level legal basis for the construction of the social credit system, and on this basis, the elaboration of various legal rules and the formation of a systematic framework.