信用监管是将诚实信用的道德价值与法律原则相结合,将诚信价值制度化、法律化的新型治理手段。“信用监管”一级指标之下设置三项二级指标,分别为“信用修复”“信用奖惩”“信用惩戒救济机制”。二级指标“信用修复”下设“是否制定信用修复流程指引”一项三级指标;“信用奖惩”下设“是否设立合理的信用奖惩机制”一项三级指标;“信用惩戒救济机制”下设“是否设置信用惩戒救济机制”一项三级指标。经评估,当前各被评估城市均制定了信用修复流程指引,设立了形式较为统一的信用奖惩机制,基本建立了信用惩戒救济机制。但是仍存在以下问题:信用修复缺乏有效激励机制;信用惩戒机制的立法规范缺失与信用惩戒的泛化滥用;信用惩戒救济机制中救济渠道狭窄、信用救济立法规范不明确。未来,应当健全信用修复正向激励机制,宣传信用修复制度;探索信用惩戒机制立法;在立法、执法和司法层面构建信用惩戒救济机制。
Credit supervision is a new type of governance means that combines the moral value of honesty and trust with legal principles,and institutionalizes and legalizes the value of honesty. Three secondary indicators are set up under the first-level indicator of “credit regulation”,which are “credit repair”,“credit rewards and punishments” and “credit disciplinary relief mechanism”. Under the second-level indicator “credit repair”,there is a third-level indicator “whether to set up guidelines for the credit repair process”;under the second-level indicator “credit rewards and punishments”,there is a third-level indicator “whether to set up a reasonable credit reward and punishment mechanism”. Under “Credit rewards and punishments”,there is a tertiary indicator of “whether a reasonable credit reward and punishment mechanism is set up”;and under “Credit punishment and relief mechanism”,there is a tertiary indicator of “whether a credit punishment and relief mechanism is set up”. After evaluation,all cities have formulated guidelines for the credit repair process,set up a relatively uniform credit reward and punishment mechanism,and basically established a credit discipline and relief mechanism. However,the following problems still exist:the lack of effective incentives for credit repair;the absence of legislative norms for credit disciplinary mechanisms and the generalization and abuse of credit disciplinary mechanisms;the narrow channels of relief in credit disciplinary relief mechanisms,and unclear legislative norms for credit relief. In the future,the positive incentive mechanism for credit repair should be improved and the credit repair system should be publicized;the legislation of credit disciplinary mechanism should be explored;and the relief mechanism for credit discipline should be constructed at the legislative,law enforcement and judicial levels.
Keywords: | Credit SupervisionCredit RepairCredit Rewards and PunishmentsCredit Disciplinary Relief Mechanism |