Keywords: social credit system; Lack of credit; Joint reward and punishment mechanism
abstract
In recent years, in order to promote Hangzhou's economic development, enable enterprises to survive under the encouragement of credit, and enable public service departments to provide better services, Hangzhou has carried out a series of social credit system construction, especially represented by the joint reward and punishment mechanism. It has gradually become an effective means of a new market supervision mechanism. This paper starts with the concept of credit joint reward and punishment mechanism, analyzes its connotation, main functions and components, and investigates the current situation of the construction of credit default punishment mechanism in Hangzhou in combination with the implementation of foreign credit supervision. Finally, in order to improve the joint reward and punishment mechanism in Hangzhou, we should promote the construction of laws and regulations related to social credit. Improve the cost of credit default, strengthen punishment, establish and improve the supervision system, establish a joint incentive system and a complete credit repair mechanism, and effectively play the role of credit in the modernization of credit governance system and social governance capacity. Promote Hangzhou to build a new market supervision system with credit as the core, promote market players to operate in good faith according to law, and create an honest social environment.
Keywords: social credit system; Lack of credit; Joint reward and punishment mechanism
catalogue
I introduction 1
(1) Research background and significance 1
1. Research background 1
2. Research significance 1
Research method 2
(3) Basic concept 2
1. The connotation of joint rewards and punishments 2
2. Main functions of joint rewards and punishments 2
3. Elements of joint rewards and punishments 3
Two, Hangzhou social credit construction and the status quo of dishonesty punishment mechanism 3 pages
(A) the status quo of joint credit rewards and punishments 3
(B) the specific policies and effects of joint credit punishment 3
1. E-commerce industry 3
2. Traffic field 4
3. Rent on credit 4
4. Medical credit 4
5. Safety production management field 4
6. Bidding management field 5
Three, the enlightenment to other provinces and cities credit joint rewards and punishments 5 pages
(a) to promote the construction of social credit related laws and regulations 5 points.
(B) increase the cost of dishonesty, strengthen punishment 6
1. Establish and comprehensively use the public credit information platform 6
2. Strengthen the construction of industry self-discipline 7
3. Strengthen credit publicity and education.
(D) the establishment of joint incentive system 7
(5) A complete credit repair mechanism 7
Four. Summary 8
Reference 9
Thank you 10
I. Introduction
(A) Research background and significance
1. Research background
In 20 16, the State Council issued "Guiding Opinions on Establishing and Perfecting the System of Joint Incentives for Trustworthiness and Joint Punishment for Breach of Trust to Accelerate the Construction of Social Credit" (Guo Fa [2065438+06] No.33), requiring all regions and relevant departments in China to take the implementation of joint incentives for trustworthiness and joint punishment for dishonesty as an important measure to promote the construction of social credit system, conscientiously implement the opinions and formulate specific implementation plans. The Measures for the Administration of Public Credit Information in Hangzhou (Decree No.295 of the municipal government), which was reviewed and adopted by the Hangzhou Municipal Government in 2065438+2006, clearly stipulates that it is necessary to speed up the establishment of trustworthy incentives and disciplinary mechanisms for dishonesty. The party and government attach great importance to the construction of social credit.
In recent years, Hangzhou has successively formulated 28 related institutional documents, such as the Implementation Opinions on the Use of Credit Records and Credit Reports in the Administrative Process of Hangzhou, the Thirteenth Five-Year Plan for the Construction of Social Credit System, and the Methods for Inquiring Public Credit Information in Hangzhou, and various departments have issued 6 1 industry credit system. At present, Hangzhou's social credit construction is in the forefront of the country. In 20 15, Hangzhou became the first batch of credit demonstration cities in China. 2065438+In August 2007, Lian, deputy director of the National Development and Reform Commission, hosted the first China Urban Credit Construction Summit Forum in Hangzhou. At present, Hangzhou's per capita GDP level has entered the ranks of moderately developed countries, the industrial system has entered the post-industrial era, and the service industry and smart economy have gradually occupied a dominant position. At present, the whole city of Hangzhou is vigorously promoting the internationalization of the city and making every effort to build a world famous city with "unique charm and colorful". The joint punishment and reward mechanism is an important measure to improve the construction of Hangzhou's social credit system, and it is also an important starting point for Hangzhou to implement the work arrangements of the CPC Central Committee and the State Council and enhance the public management ability of Hangzhou's social governance.
After years of continuous efforts in the construction of credit system in Hangzhou, the collection of relevant credit data has achieved remarkable results, the construction of credit system has been continuously improved, and the overall credit work has been at the forefront of the country. However, there are still some problems, such as poor government credit, insufficient incentive function, lax punishment for violations of laws and regulations, and insufficient social promotion. Facing the new situation and new requirements of implementing the "Thirteenth Five-Year" strategy of Hangzhou's urban internationalization, strengthening the construction of credit system, especially the construction of credit joint reward and punishment system, is of great significance for promoting the use of credit products, improving Hangzhou's credit level and promoting the construction of Hangzhou's social credit system demonstration city.
2. Research significance
In the early stage of market economy development, the traditional credit rules and hidden rules that maintain China's economic development have been effectively curbed.
It reduces transaction costs and improves the ability of regional economic development. However, with the rapid development of economy and society.
In the transformation, the traditional credit relationship has been severely challenged and tested. Accelerate the establishment of a joint disciplinary mechanism for dishonesty.
It is very necessary and urgent to improve the credit system in modern society, which has great theoretical and practical significance.
Theoretical significance: The establishment of the credit joint punishment mechanism is a necessary condition to reduce the phenomenon of dishonesty. In western credit developed countries, the social credit system is relatively perfect, and the punishment for dishonesty is spontaneously organized by government departments or non-governmental organizations. The former focuses on administrative compulsory punishment, while the latter focuses on the use of market mechanisms to play the role of economic punishment, and the two complement each other. Judging from the research status of credit joint punishment mechanism, there are more discussions on social credit system from the macro level, but less on the practical operability level; There are many criticisms about the phenomenon of dishonesty, but there are few theoretical analyses combined with specific national and local conditions and institutional background, especially the research on the operation of joint credit punishment as a key link in the social credit system. The credit joint punishment mechanism is the key link in the construction of modern social credit system, and it is also the implementation mechanism and guarantee mechanism for the effective operation of social credit system. If there is no reasonable and effective punishment mechanism for dishonesty, no specific institutional arrangement for punishing dishonesty, and no joint punishment by multiple departments, the whole social credit system will be like a castle in the air. Therefore, the research on the credit joint punishment mechanism in Hangzhou will certainly provide an important theoretical basis for the standardization and rectification of the market economic order in Hangzhou and the construction of the social credit system.
Practical significance: As a key link in the construction of social credit system, credit punishment mechanism is an important strategic measure to implement Scientific Outlook on Development, build a harmonious society, improve the socialist market economic system, and promote the sustained and healthy development of national economy and society. At present, the lack of credit has become a hot issue, which has seriously hindered the deepening of reform and brought troubles and obstacles to the establishment of market order and economic development. One of the fundamental reasons is the lack of credit punishment mechanism, and those who break promises are not severely punished, and the cost of breaking promises is very small and the profits are huge; People who keep their promises will not be praised. Only through the establishment of the credit punishment mechanism can we fundamentally reverse the chaotic state of the market order, so that those who keep promises can be praised, and those who break promises will pay a heavy price, forming a social atmosphere of "one place is broken, everywhere is blocked, everything is guarded, and the road is smooth" and realizing the harmony and stability of economic and social life. Therefore, in the process of socialist market economy construction, under the condition of asymmetric information, it is of great practical significance to form a just, fair and healthy credit environment, promote the healthy and rapid development of Hangzhou's economy and build a harmonious society through the study of the credit joint punishment mechanism.
research method
Literature research method: use the latest periodical network resources, national and provincial credit system construction related literature, forum papers and other ways to retrieve literature, widely absorb other people's research results, sort out basic research problems, and determine the research direction. Literature includes published periodical literature, yearbooks and investigation reports at home and abroad. Relevant materials include relevant documents, work reports, related activity materials, management files, websites and other materials published by the state and the province. Through the method of literature research, this paper understands the research trends, development history and present situation of joint punishment mechanism, and uses this research method to form a literature review by collecting facts and accumulating materials.
Comparative analysis method. When analyzing the problems existing in the implementation of the credit joint punishment mechanism in the construction of social credit system in Hangzhou, this paper mainly adopts the method of comparative analysis, compares the implementation of the credit joint punishment mechanism in Hangzhou with developed countries and provinces with rich experience in credit system construction in China, finds out the shortcomings of Hangzhou and draws on its experience to formulate improvement methods and countermeasures.
Case study method. Through the case analysis of the implementation and construction of the joint punishment mechanism in Hangzhou, this paper summarizes the problems existing in the implementation and construction of the joint punishment mechanism in Hangzhou, makes analysis and research, and puts forward practical measures and suggestions to promote the construction of the overall credit system and form research results with reference value.
(3) Basic concepts
As the focus of the current credit system construction in Hangzhou, the joint reward and punishment mechanism punishes dishonesty and rewards trustworthy behavior through the joint efforts of departments and organizations at all levels. Through the comprehensive application of these rewards and punishments, we can promote the construction of social credit system and form a healthy and orderly new market economy order.
1. The connotation of joint rewards and punishments
Before the State Council's "Outline of Social Credit System Planning" was published, many scholars had begun to explore the construction of disciplinary mechanism for dishonesty in China's credit system, involving different perspectives such as law, management, economics and sociology. In these terms, the definition of credit joint reward and punishment mechanism is similar. Generally speaking, the relevant institutions comprehensively use legal, administrative, economic and moral means to make the untrustworthy pay the economic and reputation costs corresponding to their actions, so that the trustworthy can obtain various conveniences and benefits and gain more market opportunities. From the perspective of incentive theory, both trustworthiness incentive and dishonesty punishment belong to incentive mechanism. The former is a positive incentive, providing opportunities and space for trustworthy people to develop, such as giving priority under the same conditions. The latter is a reverse incentive, which limits the development opportunities and space of untrustworthy people in a certain period of time, such as limiting financial credit or increasing transaction costs.
2. The main function of joint rewards and punishments
The credit joint reward and punishment mechanism has three main functions. The first is the punishment function, which damages the material interests of the credit subject through legal restraint and economic punishment, including punishment for illegal acts, violations and breach of contract. It is the most direct and main function of joint punishment. Second, the deterrent function, through the disclosure and sharing of the disciplinary results of dishonesty, has a deterrent and warning effect on potential dishonesty, making them aware of the cost of dishonesty, thus eliminating the motivation of dishonesty in the bud and consciously regulating behavior. The third is the incentive function. Under the incentive mechanism of trustworthiness, enterprises and individuals who are honest and trustworthy are encouraged to maintain a consistent record of trustworthiness, so as to continuously gain greater opportunities and development space in the market. Effective credit joint reward and punishment mechanism provides guarantee for credit trading activities. Creditors are more willing to grant credit, and trustworthy parties are more willing to keep their promises, which is helpful to the emergence of credit transactions and improve the success rate of credit transactions. From this point of view, the credit joint reward and punishment mechanism is especially suitable for economic breach of contract and dishonesty with a very small amount of punishment, which is inconvenient to deal with by legal means.
3. Elements of joint rewards and punishments
The elements of credit joint reward and punishment mechanism mainly include four parts: reward and punishment subject, reward and punishment platform, reward and punishment motivation and reward and punishment measures. The subject of rewards and punishments mainly includes the subject and object of joint rewards and punishments. The subject is the party who initiates and implements joint rewards and punishments, usually the industry management department, and the object is all kinds of enterprises and individuals who are rewarded and punished in society. The reward and punishment platform has two functions: one is to collect and share the credit information of enterprises or individuals, so that enterprises or individuals with good credit can obtain loans or transactions smoothly, and enterprises or individuals with bad faith pay the costs; The other is that the implementation unit of joint rewards and punishments will collect and share the information obtained from the implementation of rewards and punishments measures and daily supervision, so that the untrustworthy enterprises or individuals who have expired the disciplinary period or recovered their credit will regain normal trading opportunities, and the untrustworthy enterprises or individuals will no longer enjoy preferential opportunities and space. On the one hand, the motivation of rewards and punishments comes from the demand of government departments to strengthen post-event supervision, on the other hand, it comes from the market's pursuit of material benefits. The profit-seeking nature of capital makes market participants tend to increase the transaction cost of untrustworthy people in order to reduce the transaction risk. According to the different nature of dishonesty, the punishment methods are different. According to the classification in Guofa No.33, it mainly includes administrative means, market means, industrial means and social means. The first is that the government departments punish the untrustworthy subjects according to law, and the last three are that the market economic subjects consciously reduce or refuse to have credit transactions with the untrustworthy subjects, and expel the untrustworthy subjects from the market through the market mechanism.
Second, the current situation of the construction of social credit and disciplinary mechanism for dishonesty in Hangzhou
(A) the status quo of the construction of credit joint rewards and punishments
In recent years, Hangzhou has actively explored the government-led credit construction and strengthened its leadership in credit construction.
Guide and actively promote the construction of government public credit information system, integrate public credit information resources and strengthen credit supervision
Manage the work, guide the credit market service, and coordinate the credit construction of the government, enterprise legal persons and natural persons.
The construction of "Credit Hangzhou" has achieved certain progress and positive results, and the social credit system has been improved.
The establishment of disciplinary mechanism for dishonesty provides basic conditions for preventing and punishing dishonesty. Specifically, a relatively sound leading body and working mechanism have been established. According to the unified deployment of the whole city, credit leading groups and their offices have also been established in all parts and municipalities of Hangzhou; And carried out credit research in related fields earlier, forming a relatively perfect theoretical basis; The credit market supervision system has taken shape. At present, all municipal authorities, districts (counties, cities) and major public institutions have been collected, with a total of 65.438+0.4 billion valid credit information in 338 categories and 2,947 items, forming more than 65.438+0.3 million credit files of natural persons and more than 65.438+0.2 million credit files of legal persons, covering the permanent population, floating population and various registered legal persons in the city.
(two) the specific policies and effects of joint credit punishment.
1. E-commerce industry
In order to promote the construction of credit system in the field of e-commerce, the General Office of Hangzhou Municipal People's Government issued the Implementation Plan for the Credit Construction of E-commerce Platform in Hangzhou, taking the cultivation of e-commerce platform as the starting point to promote the publicity of credit information in the field of e-commerce, the improvement of credit management system, the protection of consumers' rights and interests, and the credit sharing between government and enterprises, and strive to basically realize the goals of co-construction and sharing of e-commerce credit information in the whole city, initially establish an e-commerce credit supervision and evaluation mechanism, and extensively carry out e-commerce credit joint rewards and punishments. Enrich the credit information sources of e-commerce platform through multiple channels, carry out the construction of credit mechanism of e-commerce platform in multiple links, strengthen credit supervision of e-commerce platform in multiple dimensions, and improve the construction of e-commerce credit system in Hangzhou.
Hangzhou provides historical credit management data for e-commerce practitioners through the credit joint reward and punishment mechanism, which can be used as the applicable basis for simply running the "green channel" when registering market entities and simplify the procedures for e-commerce practitioners; Through the evaluation of both parties to e-commerce transactions, the integrity file established by the platform is recorded in the credit record of Hangzhou public credit information platform after being identified by the competent department, judged by the court or notarized. Strengthen the policy support for e-commerce practitioners with good credit by providing consumers with search options sorted by credit evaluation from high to low. In addition, through the platform credit management, all departments will be combined to strengthen the punishment of all kinds of untrustworthy practitioners, and the untrustworthy behavior will be taken as a reference for government supervision.
2. The field of transportation
In order to further promote the construction of the city's credit system in the transportation field and create a good atmosphere of "credit transportation", the relevant departments of Hangzhou have formulated the "Management System of Red Blacklist in the Transportation Field of Hangzhou". Normative documents for quality credit assessment of highway (waterway) engineering construction, highway (waterway) transportation and road administration. The assessment criteria and reward and punishment measures were further refined, and the relevant credit assessment was included in the "red and black list" management category of the transportation market. Strengthen the application of "red list" achievements in the field of transportation, and adopt preferential policies, green channels and other incentive measures for "red list" subjects. Disciplinary measures such as restricting market access, public resource transactions, financial support, etc. constantly guide market players, industry associations and public opinion media to play an incentive and disciplinary role in market transactions, industry self-discipline and social supervision.
Hangzhou Public Security Bureau forwards serious traffic violation information to Hangzhou public credit information platform every month. When handling business in related fields, relevant units will log on to the municipal public credit information platform to inquire about the traffic safety credit information of enterprises and personnel, impose penalties according to the requirements of the memorandum, and push the information to Hangzhou Credit Office in time. By the end of 20 17, the public security bureau had sorted out and publicized 422 pieces of "traffic violation blacklist" data, and informed the traffic department of the unprocessed traffic violation records of motor vehicle drivers 1245 pieces, and five cases of drug driving behavior. More than 20 traffic offenders were jointly punished. 20 16 10, a logistics company and a transport company in Hangzhou were restricted from adding new transport vehicles by the Hangzhou Municipal Bureau of Transportation and the Hangzhou Municipal Bureau of Public Security and Traffic Police due to many traffic violations.
3. Credit renting house
2065438+In June 2008, Hangzhou launched the credit-free mortgage service, aiming to build the first credit-free deposit city in China. Enter personal credit information into the database through Credit Hangzhou APP, and provide rent-free apartment service for national 5A youth in Hangzhou every year. Credit-free deposit cities not only benefit individuals, but also small and medium-sized business owners and individual operators in Hangzhou can enjoy the benefits brought by credit. In order to allow trustworthy people to gain more opportunities and benefits in the market, the Hangzhou Municipal Development and Reform Commission, in conjunction with local and social institutions, promotes the work of "trusting and renting easily" in order to support trustworthy subjects to enjoy more convenient rental services. Start-ups in Hangzhou can enjoy credit rent-free office space and office equipment in Alipay.
4. Medical credit
20 14 Hangzhou strengthened the implementation of "credit benefiting the people", mainly in the field of medical and health care, and provided "medical credit payment" services to groups with good credit. "Credit for the benefit of the people" is the core concept of promoting the construction of social credit system in Hangzhou, which makes more people feel convenient and affordable through credit construction. The service of "medical credit payment" has enabled nearly 7 million cardholders in the city to enjoy the service of first diagnosis and then payment in major hospitals in Hangzhou. In 20 17 years, it has provided after-the-fact payment service exceeding10.8 million yuan. At the end of March, 20 19, Hangzhou citizens with normal medical insurance with a score of 550 or above in Qianjiang can take the lead in experiencing "seeing the doctor first and then paying" credit medical care in1municipal hospitals, and gradually realize that the credit medical service system will cover all public hospitals in the city, including community health service centers.
5. Safety production management field
The Hangzhou Public Security Fire Bureau has formulated the Interim Provisions on the Management of Fire Safety Units in Hangzhou, which has been implemented since July 20 16, and is applicable to all kinds of economic organizations that register for industry and commerce and engage in production, operation and service activities within the administrative area of Hangzhou. To manage the dishonesty related to the administrative duties of fire control institutions arising from daily production, operation and service activities. In addition, the Hangzhou Municipal Administration of Work Safety, together with the Hangzhou Municipal Development and Reform Commission and the Credit Hangzhou Construction Leading Group Office, jointly issued the Notice on Forwarding the Memorandum of Cooperation between the National Development and Reform Commission and other ministries 18 to jointly punish untrustworthy production and business units and their related personnel in the field of safety production, which strengthened 29 concrete and feasible disciplinary measures such as safety supervision and supervision. Based on the national credit information sharing platform, this paper puts forward the implementation mode of punishing according to the law and regulations according to the severity of dishonesty and regularly reporting the punishment effect. 20 16 Hangzhou administration of work safety listed 93 enterprises in the list of joint punishment for dishonesty. In addition, more than 65,438+0,000 enterprises have been awarded safety production credit certificates, which are used for listing, issuing bonds, evaluating first and evaluating best, bidding, etc.
In the process of performing their duties, administrative organs and authorized organizations can implement convenient service measures such as "green channel" and "tolerant acceptance" for subjects with good credit in safety production management in the process of handling administrative licenses; In all kinds of preferential policies of the government, priority is given to the subjects with good credit for safety production management. For the bad credit subjects who meet the blacklist identification criteria, the measures of market and industry prohibition (exit) shall be implemented; Restrict high consumption behavior; Restrict qualifications; Restrict the enjoyment of financial subsidies and other policy support.
6. Bidding management field
According to the Interim Measures for Announcement of Records of Illegal Acts in Bidding, Hangzhou has established the sharing of bidding information and bid evaluation information of bidding enterprises, and timely notified the government procurement departments and bidding agencies. The performance of the winning bidder is an important basis for the bidder's qualification examination, bid evaluation, bid selection and contract signing. Hangzhou requires the application of credit report in the city's public resources trading activities. Credit report can be divided into comprehensive credit report and industry credit report. Among them, the industry credit report is used according to the industry requirements; The comprehensive credit report rating is divided into five categories: A, B, C, D and E, among which Class A enterprises can be selected first; You can add points when calculating the total score, which accounts for 0.5%-3% of the total score. The credit rating of an enterprise is evaluated every three months, and the corresponding score is added or subtracted according to the latest credit rating of the enterprise when bidding. In government-related bidding activities, enterprises with high credit rating will get extra points in the score, and the credit level of enterprises will directly affect the bidding results, which is very important for the development and growth of enterprises. At the same time, the joint reward and punishment mechanism in the field of bidding will in turn promote the credit construction of enterprises in related fields, attach importance to credit construction and promote enterprises to fulfill their obligations.