信用的市场经济基础的缺失及其法律补救

Defects and Absence of Market Economy Base of Credit and its Legal Remedy

市场经济在信用运行中居于基础地位。市场机制的不健全造成了信用的缺失,反映在市场主体的信用约束机制缺乏,信用中介组织及由其主导的信用信息采集和传递机制、信用评估机制的缺乏,以及产权制度存在缺陷。信用的市场经济基础的缺失需要法律来弥补,主要包括建立信用信息开放和传递机制、规范信用中介机构和完善破产制度。

Market economy is the base of credit operation. The defects of market economy cause the absence and defects of credit; it embodies the absence of the credit restriction system of market subjects, the absence of the system of credit information collection, delivery and evaluation guided by credit agencies, and the defects of property right system. The defects and absence of market economy base of credit should be remedied by legal systems, mainly including the construction of the system of credit information collection and delivery, the regulation of credit agencies, and the improvement of the bankruptcy system.