个人信用评分制度的实践问题与完善——以首批12个社会信用体系建设示范城市为研究对象

Practical Problems and Perfection of Personal Credit Scoring System—Taking the First 12 Demonstration Cities of Social Credit System as the Research Object

首批社会信用体系建设示范城市建立以来,个人信用评分制度的发展正当其时。从价值看,其具有实现社会信用体系愿景与诚信社会基本价值的功能,有助于提高地方政府发挥公共服务效用的精准度并促进法治政府建设。以行政过程论下的阶段性构造分析,将个人信用评分制度纳入个人信用信息“归集–评分–公布–应用”的复合型行政活动考察视野,其在基层实践中仍存在信用信息归集边界不清晰规范、评分计算不协同透明、公布程序不健全共享、应用奖惩联动与监管欠缺等问题,具有违反行政法基本原则、侵犯公民合法权益的法律风险。对此,应当遵循行政法治的基本原则,健全法治约束;注重信用主体的博弈平衡,保障信息安全;构建协同理性的评分机制,强化信用监管。

Since the establishment of the first batch of model cities for the construction of social credit sys-tem, the development of personal credit scoring system is at the right time. From the point of view of value, it has the function of realizing the vision of social credit system and the basic function of honest society, which is helpful to improve the precision of local government to give full play to the utility of public service and to promote the construction of government ruled by law. Based on the stage structure analysis under the theory of administrative process, this paper brings the personal credit scoring system into the field of vision of compound administrative activities of personal credit information “collect, score, pubilcize and apply”. In the practice of grass-roots level, there are still some problems, such as unclear and nonstandard boundary of credit information collection, uncoordinated and opaque score calculation, imperfect sharing of disclosure procedures, llack of application reward punishment linkage and supervision, and so on. It has the legal risk of violating the basic principles of administrative law and infringing the legitimate rights and interests of citizens. In this regard, we should follow the basic principles of administrative rule of law, improve the constraints of the rule of law;pay attention to the game balance of credit subjects, ensure information security;construct a coordinated scoring mechanism to strengthen credit supervision.