商务信用建设的困境与出路——基于商业诚实信用原则之视角

Difficulties of and Exploration on Commercial Credit Construction——Views based on principle of commercial honesty and credibility

在注重信用的现代经济社会中,完善的商务信用体系是社会经济健康发展的重要保障,是一个国家软实力与国际竞争力的核心部分,也是当前世界各国致力建设的重点。然而,我国商务信用仍处在发展过程中:囿于市场经济的缺陷、社会转型过程中价值观的混乱、法制建设的亟待完善等因素,企业信用缺失、制假售假泛滥、消费信用滞后、证券市场隐患——商务信用的状况面临相当多的困境,令人堪忧。特别是商业诚实信用原则作为商法核心原则的应有之义,却并没有被人们提到它应当具有的高度上受到其应有的重视程度,从而发挥其指引价值取向、规范商事行为、弥补市场缺陷的作用。面对目前国内商务活动中的种种不诚实、不讲信用的行为,不仅需要推崇信用观念、加强政府引导、构建信用监督与守信激励的综合信用体系并加大失信惩罚等信用建设手段,更应强化商业诚实信用这一原则且通过司法手段实现最终保障,唯此才能更好促进我国市场经济的建设,为社会信用体系的实现奠定良好基础。

In a modern economic society where all people lay emphasis on credit, a thorough business credit system is the significant guarantee for the healthy development of social economy. Meanwhile, it is the core of the soft power and international competitiveness of a country and currently all the countries in the world are endeavoring to construct it mainly. However, China＇s business credit is still in the developing process. Due to several factors, such as defects in market economy, the chaos of values in the process of social transformation and the legal construction needing urgent perfection and so on, the business credit of China are faced with quite a bit of worrying dilemma. For instance, some of them are lack of enterprise credit, there are too many fake products, and there is the lag of consumer credit and hidden trouble in securities market. In particular, as the due meaning of the core of commercial law, the business principle of good faith has not been given a due attention. Hence it cannot give play to its function of guiding value orientation, regulating commercial act and remedying the limitation of market. To avoid varieties of dishonest and disloyal behaviors in domestic commercial activities, it is suggested to stress some means of credit construction such as respecting the credit concept, strengthening government guidance, establishing comprehensive credit system of credit monitoring and stimulating being trustworthy, and increasing the punishment for losing credit, dishonest means, but also strengthening the principle of commercial credit. Moreover, we should intensify the business principle of good faith and realize it by taking legal action. Only in this way can the construction of social economy be built in China and good foundation for building the social credit system be established.