信用契约论——从信用的义务对待说起

Credit Contract Theory:Start with the Obligation to Treat Credit

我国社会信用立法进程中出现的从义务维度界定信用的信用义务对待做法,引发了诸多理论问题,意味着系统阐述信用契约理论是必要的。本文论述的信用契约理论认为,契约是信用的基础性要素,决定着信用的本质;契约存在于经济社会交换关系之中,脱离契约的信用不符合历史;契约分为信用契约与非信用契约,信用契约是具有信用意义的契约,由主体、对象、合意、承诺和责任等要素构成,具有清晰的边界范围;集社会性、有限理性和投机性等于一体的契约人,其行为取向使信用管理成为必要;信用管理以契约信用及其行为为对象范围,其实质是承诺管理;信用管理中用以调节信用行为的信管信用,是与道德信用、法律信用并列的信用规范形态;信用制度的安排应注重目标内涵和工具内涵的双重价值。

The practice of treating credit obligations by defining credit from the dimension of obligation in the process of social credit legislation in China has caused many theoretical problems,which means that it is necessary to systematically expound the theory of credit contract.The theory of credit contract discussed in this paper believes that contract is the basic element of credit and determines the essence of credit;contract exists in economic and social exchange relations,and credit without contract does not conform to history;contract is divided into credit contract and non-credit contract,and credit contract is a contract with credit significance,which is composed of elements such as subject,object,agreement,commitment and responsibility,and has a clear boundary range.The behavior orientation of the contractor who is equal to bounded rationality and speculation makes credit management necessary;credit management takes contract credit and its behavior as the object scope,and its essence is commitment management;the credit management used to regulate credit behavior is a form of credit regulation alongside moral credit and legal credit;the credit system should be arranged with regard to the dual value of the connotation of the target and the connotation of the instrument.