上海社会信用立法:促进与路径

The Legislation of Shanghai Social Credit Regulation: Promotion and Path

当前社会信用建设正处于发展与规范的阶段,亟待立法引领和规制。"社会信用"的核心在于它兼具市场经济和社会管理双重属性,立法宜将其定义为,"具有完全行为能力的自然人、法人和其他组织,在社会活动中履行法定义务或者遵守约定义务的状态"。社会信用建设既涉及法律规范与道德规范,也涉及公法和私法双重领域,立法应当坚持社会责任本位,平衡好相关参与主体的权益,要防止信用泛化或信用滥用,避免以信用惩戒变相实施行政处罚。

The construction of social credit is facing the dual needs of development and standardization, which urgently requires legislative guidance and regulations. The core feature of "social credit" lies in its dual attributes of market economy and social management. In legislation,"social credit" should be defined as "the status of natural persons with full civil ability, legal persons and other organizations fulfilling their statutory obligations or abiding by their contractual obligations in social activities". The construction of social credit not only involves the intersection of legal norms and moral norms, but also involves the dual fields of public law and private law. Legislation in this area should adhere to the social responsibility standard and balance the rights and interests of relevant participants. It should not only prevent the generalization of credit, but also prevent abusive use of credit and avoid the disguised implementation of administrative punishment by credit punishment.