The establishment of social credit system is a huge project, involving all aspects of social history, culture and economic development. As the core part of social credit system, financial credit naturally needs to be established and improved by moral and economic means. Limited by space, this paper only puts forward some suggestions from the legal point of view.
1. Establish a complete and standardized legal framework for financial credit as soon as possible, including credit records, credit investigation, investigation, evaluation and intermediary.
First of all, it is necessary to clarify the position of the government in establishing the financial credit system. Generally speaking, the government should not be too involved in the construction of financial credit. Because fundamentally speaking, financial credit needs to be jointly created by enterprises, individuals and financial institutions, that is to say, it is a market-oriented process, which is endogenous to the market economy, not subjectively invented by the government. Positive intervention can produce good social effects, but negative intervention that violates economic laws may leave serious consequences. Only when information asymmetry causes market failure, it is necessary for the government to intervene in the market from the outside to make up for the defects of the market mechanism.
However, under the market-oriented reform mode led by the China government, we can consider that the government should first carry out relevant credit records, collect and investigate, and then hand them over to enterprises for operation when conditions are ripe, while the government should supervise them. The key is that the government should change its identity as an "athlete" and only be a "referee" and "law enforcer", and strive to create a fair, just and open competitive environment, break the monopoly and eliminate it. At the same time, improve the degree of organization of market players, strengthen industry self-discipline, standardize intermediary organizations such as industry associations, and play a credit role in improving social morality, enhancing credit, and restraining trading relations. Secondly, cultivate and promote the emergence and development of credit intermediaries.
Because the government should not be too involved in the work of credit construction. Therefore, as the "third eye" to provide credit services for enterprises and individuals, credit intermediaries will play an increasingly important role. Certified public accountants, auditors, lawyers, credit consultants and appraisers related to credit intermediary activities should all be brought into the vision of legal norms, and their legal status, market access and withdrawal mechanism, and corresponding rights, obligations and legal responsibilities should be clearly defined from the law.
The management of intermediary institutions should be based on self-discipline, supplemented by government management, which is conducive to maintaining the independence and professionalism of intermediary institutions and plays an important role in preventing credit risks, maintaining a good credit order, reducing the information cost of the whole society and guiding the rational flow of social resources.
2. Formulate, revise and improve the financial credit behavior law.
Financial credit behavior law is a series of laws and regulations to regulate the behavior of market participants in the process of financial credit transactions, including social credit investigation law before credit transactions, credit control law in credit transactions and punishment law for dishonesty after credit transactions are completed.
(1) Credit Information Law. Credit investigation originated from Zuo Zhuan: "A gentleman keeps his word and there are traces to follow, so his grievances are far away", which means to systematically investigate and evaluate the credit status of others. Specifically, it is to establish enterprise credit system and personal credit system. Due to information asymmetry, financial institutions do not know the credit status of counterparties in transactions, so they need the credit information of relevant enterprises and individuals to make decisions.
The credit system of enterprises and individuals helps to reduce transaction costs, promote cooperation between banks and enterprises, and provide a good foundation for the establishment and improvement of the credit system of the whole country. At present, China's laws and regulations on credit information of enterprises and individuals are scattered in different departmental laws. It involves more than a dozen departments such as industry and commerce, public security, taxation, insurance, banks and courts. Therefore, there is an urgent need for a unified credit law to standardize the scope, procedures, dissemination methods, objects and time limit of credit information collection and investigation. In addition, we should also pay attention to the protection of enterprises, business secrets and personal privacy that may be touched in the credit investigation activities.
(2) Credit control law. Credit transactions often involve time intervals and are prone to similar fraud, unfair competition and other behaviors. The purpose of credit control law is to warn and control possible illegal acts in the transaction process and plug loopholes from the source of the system. It is particularly noteworthy that with the rapid development of information technology, economic exchanges and financial transactions are more extensive, accelerating the allocation and flow of resources and elements. Internet virtual market conducts transactions through the relationship construction of virtual space. On the Internet, financial credit relationship is being established in a wider scope, breaking through geographical restrictions and gradually becoming a widely accepted code of conduct.
Because the identities of the two parties in the virtual trading space are vague, the relationship between the trading subjects is multidimensional. Therefore, it is urgent to institutionalize and legalize online financial credit management to prevent online financial fraud. At the same time, because network dispute is a new legal phenomenon, intellectual property law, tax law and advertising law also need to be revised and improved accordingly. Thirdly, establish online credit data, establish effective information transmission of trading behavior, let financial institutions know who has credit and who does not, and decide who to support and restrict according to this information.
3, the punishment law of dishonesty. It is a key link in the chain of financial credit system to establish a punishment mechanism for untrustworthy enterprises and individuals. The most effective measure to restrict all interest-oriented "economic man" is to seize the word "profit". Only through the interest-oriented incentive and restraint mechanism can the trustworthy behavior of enterprises and individuals be fundamentally activated.
The essence of the punishment mechanism of dishonesty is to increase the cost of dishonesty, so that market players can consciously choose to keep their promises after rational measurement. China's punishment for dishonesty has not yet formed a system. We should establish a whole set of disciplinary system for dishonesty as soon as possible, improve the evaluation mechanism of officials' political achievements, link the evaluation of officials' political achievements with the dishonesty of enterprises in evading debts, and fundamentally block the "interest-driven" evaluation of local political achievements.