民营小微企业信用体系法治化探究

Research on the Legalization of Private Small and Micro Enterprises Credit System

“十四五”期间,党中央对优化营商环境、着力解决民营小微企业融资问题提出了新要求,民营企业信用建设是化解融资困境的关键一环。信用与法治的交融,使得信用上升为市场经济发展的制度基础。推动民营企业信用体系建设,不宜继续以政策为主导,应实现法律治理模式的转变。目前,我国在民营小微企业信用建设的闭环中,相关征信法律不健全、评价实施不规范、监管奖惩不明确等问题凸显。因此,需要完善事前信用征信法律规范、规范事中信用评价法律监管、推进事后信用奖惩修复法律指引,以实现民营小微企业信用体系建设的法治化。

During the "14th Five-Year Plan" period, the Central Committee of CPC put forward new requirements for optimizing the business environment and focus on solving the financing problems for private small and micro enterprises. The credit construction of private enterprises is a key part to resolving financing difficulties. As the integration of credit and the law makes credit the institutional basis for the development of the market economy, to promote the construction of private small and micro enterprises credit system, it is not appropriate to continue to be policy oriented, but to realize the transformation of the legal governance model. At present, in the closed loop of private enterprises credit construction in China, some problems are appeared such as imperfect relevant credit investigation laws,nonstandard evaluation implementation, and unclear regulatory rewards and punishments. Therefore, it is necessary to improve the legal norms for credit reporting in advance, regulate the legal supervision of credit evaluation in the process, and promote the legal guidelines for the restoration of credit rewards and punishments after the event, so as to realize the legalization of the credit system construction of private small and micro enterprises.