This post includes the Concept Note and the Program (English and 中国语言).
社会信用体系建设是以法律法规为依据，以信用活 动的参与者为主体，以信用活动者的信用记录为基础，规范信用数据的收集和使用，形成激励守信、惩戒失信的机制，覆盖全社会的诚信系统工程。社会信用体系建 设与现代经济目标相匹配，具有广阔的发展前景，也将为经济发展方式转型提供巨大的推动作用。
基于以上背景，由上海交通大学凯原法学院、华东 政法大学经济法学院主办，上海市法学会银行法律实务研究中心、上海交通大学互联网金融法治创新研究中心、华东政法大学法治中国建设研究中心、腾讯科技（深 圳）有限公司知识产权部、美国法律与国际事务学会（FLIA）协办的2017“法与信用体系国际研讨会”拟于2017年9月23日在上海交通大学凯原法学院举行。
Global Perspectives on Law and Social Credit
Shanghai, 23 September 2017
On 17 January 2017, the General Secretary of the CPC and the President of China, Xi Jinping, delivered a keynote speech in defense of globalization and free trade at the World Economic Forum in Davos. Xi Jinping’s important speech was delivered at a time when China had been undertaking an unprecedented initiative to build a ‘culture of sincerity’ and strengthen trustworthiness in administrative affairs, commercial activity, social integrity, and public trust in the judiciary through the construction of a social credit system.
Three years after the issuance of the Planning Outline for the Construction of a Social Credit System (2014 – 2020), a basic rule of law framework for enterprises and individuals’ credit information and rating has been constructed in all areas of the economy, and society. A system of joint incentives for those who maintain good credit, and joint punishment for those who break trust exists in all industrial sectors and government organs, and across the provinces and cities of China. Credit-rating mechanisms, information sharing platforms and mobile apps have been created to enable the public to make better informed choices in their economic and social activities. Data protection legislation and technologies have significantly improved, to guarantee a fair, honest use of big data. In global financial and trade hubs as Shanghai, experiments are being conducted to fine-tune the system, and enable it to better respond to the needs of global and local companies, and citizens.
While the construction of a basic social credit system moves toward nearing completion, the ongoing operation of the system may involve further legislative, regulatory and institutional reforms. China’s social credit system has uniquely Chinese characteristics, in that it is a system supported by traditional morality, based on modern notions of property rights, and protected by the law. However, as China takes a larger role as a major defender of globalization, these reforms will be necessary to protect companies, investors, Chinese and global citizens from the possibility of fraudulent activities, and to ensure a smooth functioning of transnational markets.
Trust, one of the values the social credit system tries to preserve and improve, is one of the foundational values of China’s tradition, and one of the Twelve Socialist Core Values. Yet the important principles of trust, and with it integrity, are equally prized by the most important and diverse global cultures and most nations. Trust and integrity are also deeply embedded within the foundational core values regulating markets irrespective of the political system in which they operate. Trust can be earned by market actors by ensuring that they conduct their operations in an appropriate manner. Trust and integrity are essential conditions of one’s participation in market transactions, and one’s membership in society. Trust is the single, most important ingredient in building a solid global reputation. Reputation, in this sense, acquires a deeper meaning as the aggregate of the factors that make up the sincerity of the actor (whether individual, enterprise or government official) embedded in reciprocal relationships that serve as evidence of trust relationships. As globalization brings China and the West closer together, and especially through the Belt and Road Initiative, the value of trust is acquiring a broader, transnational dimension.
Building trust, in the contemporary world, requires data. And it requires the ability to manage data. That management, in turn, is essential in two critical respect. First, it relates to the ability of individuals and institutions to appropriately value data important o decision making from data that may be less useful in a particular context. The essence of data management will turn on the context for which it is necessary but will require the ability to distinguish important from less relevant information. Second, it relates to the knowledge to interpret data, that is, to draw the insights necessary to make decisions, meet objectives and improve the conditions of an institution and its stakeholders. That requires the harmonious blending of principles and information to positive effect. This is particularly noteworthy in China’s current efforts. As Jack Ma explained on June 21, 2017 in an interview with CNBC’s David Faber, "The world is going to be data; I think this is just the beginning of the data period."
The interaction between China’s approach to social credit, and Western approaches to social credit can contribute to consolidating trust. It can serve to continue to develop the solidarity necessary for the progressive improvement of well-functioning global markets. In tandem with the important values of sincerity, and integrity, trust provides a values-based structure on which to build win-win solutions for all those states, companies, and individuals wishing to participate in globalization. Such an interaction offers several opportunities for global prosperity, yet it presents its own distinct sets of challenges.
These challenges pertain to eight distinct aspects of social credit:
(a) Bridging the conceptual and legal aspect of social credit;Across different jurisdictions, similar management methods and techniques are being used to foster a culture of sincerity and guarantee a smooth functioning of markets. However, these methods and techniques are being framed through different conceptual apparata. They are conveyed through different legal concepts and legal forms. Western approaches to social credit, for instance, are understood as a technique of governmentality rather than governance. This subtle linguistic difference has unfortunately produced a cascading effect on the legal-political conceptualization and categorization of management methods and techniques, and on their positioning within relevant governance clusters. Methodological, linguistic, and conceptual differences – in turn – have affected the ways in which credit rating, incentive and punishment mechanisms have been constructed, are operated, and reproduced. It is our deep conviction, however, that a connection and a communication among these different systems can take place on different levels. These involve not only the more abstract, conceptual level. More importantly, cross-systems communication, integration and interaction ought to involve data collection and data protection across different jurisdictions and platforms, as well as the techniques used to interpret and weigh the raw data used in the engineering of algorithms, in their testing, and fine-tuning.
(b) Management methods and techniques;
(c) Systems construction, operation, and maintenance;
(d) Connection and communication among different systems;
(e) Transnational data collection and data protection;
(f) Interpretation and weighing of raw data in algorithm engineering;
g) Modalities of cooperation and synergies between enterprises, other institutions, and the state; and
(h) Coordination of Chinese social credit systems with analogous systems outside of China.
Through the Foundation for Law and International Affairs, the proposed conference will bring together Chinese and international scholars hailing from the Shanghai Jiaotong University, The Pennsylvania State University, The Australian National University, The University of Oxford, The East China University of Political Science and Law, The Shanghai Law Academy, and the Intellectual Property Office of Tencent Holdings to produce knowledge and suggest actionable solutions related to each one of these opportunities and challenges. In the process, the Conference organizers hope to begin to develop the foundations of a new field of study grounded on the norms and methods of social credit as developing in China and the West.
At this preliminary stage in the study of social credit, it is important for scholars. Officials and stakeholders to study the basics and develop a common understanding of concepts and language. That will prove important in enhancing the ability of scholarship to better cooperate with the social, economic and political forces driving social credit.
With this in mind, topics to be debated at the conference will include:
(a) the legislative structure and nature of the social credit system;It is to these tasks that we hope the conference may make an important contribution.
(b) the legislative and institutional history of the social credit system;
(c) theoretical and conceptual issues related to the social credit system within the context of the construction of a socialism with Chinese characteristics;
(d) technical issues, as data collection, processing, storing, security, exchange, use, the protection of citizens’ personal information, etc.
(e) the Chinese social credit system in a global context: inter- and cross-systems communication and interaction;
(f) Shanghai as a model city in the construction of a social credit system;
(g) Legislative, theoretical, and conceptual features of the construction of a social credit system in Shanghai Municipality.
International Conference: Law and Social Credit
Saturday, September 23, 2017
Room 203, KoGuan Law School, Shanghai Jiao Tong University
Shanghai Reform and Development Commission
Shanghai Public Credit Information Service Center
Shanghai Jiao Tong University KoGuan School of Law
East China University of Political Science and Law School of Economic Law
Shanghai Law Academy Research Center for Banking Law Practice
Shanghai Jiao Tong University Research Center for Internet Law Innovation
East China University of Political Science and Law Research Center for Rule of Law
The Intellectual Property Office of Tencent Holdings Limited
The Foundation for Law and International Affairs
Chinese & English
(Simultaneous interpretation will be provided throughout the conference)
-->Haiding Xie (Editor & Deputy Director, Chinese Journal of Law)
Opening Remarks (9:00-9:15am)
Ruiying Zhao (Director, Social Credit Promotion Office, Shanghai Reform and Development Commission)
Weigong Ji (Professor & Dean, Shanghai Jiao Tong University KoGuan School of Law)
Group Photo (9:15-9:25am)
Panel 1 (9:25-10:40am)
Social Credit Legislation: The Status Quo and the Future
Participants: (15 minutes per presentation)
2. Zhen Zhang (Deputy Director, Office of Finance and Economic Committee, Shanghai Municipal People's Congress): “The Principal Rules of the Construction of Social Governance and the Market Economy –– An Analysis of the Shanghai Municipal Social Credit Regulations”
3. Flora Sapio (Board Member, Foundation for Law and International Affairs; Research Fellow, Australia National University): “A Commentary on the Shanghai Social Credit Regulations (English)”
Commentator: (15 minutes):--> Ping Sun (Associate Research Fellow, East China University of Political Science and Law Research Center for Rule of Law)
Q&A (15 minutes)
Panel 2 (10:40-11:40am)
The System and Practice of Credit in the Global Context
Moderator: Sheng Chen (Director, Shanghai Law Academy Research Center for Banking Law Practice)-->Pengfeng Shi (Co-founder, wdzj.com): “Case Analysis on the Problematic Online Loan Platform (Chinese)”
Participants: (10 minutes per presentation)
1. Xiaofeng Zhao (Deputy Director, Information Center of the Shanghai Development and Reform Commission): “The Development, Operation, and Practice of the Social Credit System in Shanghai (Chinese)”
2. Keren Wang (FLIA Scholar; Penn State University PhD Candidate): “The System and Practice of the US Credit System (Chinese)”
3. Zhengjun Nie (Chief Privacy Officer, Ant Financial Services Group): “The Credit Rating System and Operation of Ant Financial Services (Chinese)”
Q&A (20 minutes)
Panel 3 (1:30-2:45pm)
The Social Credit System and Global Governance
Moderator: Zhiwei Tong (Professor, East China University of Political Science and Law; Director, China University of Political Science and Law Research Center for Rule of Law)
Participants: (15 minutes per presentation)
1. Larry Catá Backer (W. Richard and Mary Eshelman Faculty Scholar and Professor of Law and International Affairs, Pennsylvania State University; Board Member, Foundation for Law and International Affairs): “Measuring, Assessment and Reward: Are there Social Credit Systems in the West? (English)”
2. Flora Sapio (Board Member, Foundation for Law and International Affairs; Research Fellow, Australia National University): “Social Credit Systems in a Globalizing Perspective –– European variants of social credit, and the rejuvenation of a normative order for globalization (English)”
3. Tao Zhang (Assistant Procurator, People’s Procuratorate of Tongzhou District, Nantong City): “A Study on the Role of the People’s Procuratorate in the Construction of Social Credit System –– Taking Tongzhou District of Nantong City as an Example”
Commentator: (15 minutes): Ling Hu (Associate Professor & Associate Dean, Shanghai University of Finance and Economics):
Q&A : (15minutes)
Coffee Break (2:45-3:00pm)
Panel 4 (3pm- 4:15pm)
Social Credit and the Market Economy
Moderator: Xilin Jia (Associate Professor & Director of Teaching and Research Center of Financial Law, East China University of Politics and Law School of Economic Law)
Participants: (15 minutes/presentation)
1. Haitian Lu (Professor & Associate Head, School of Accounting and Finance, Hong Kong Polytechnic University; Director, the Center for Economic Sustainability and Entrepreneurial Finance (CESEF) at the Hong Kong Polytechnic University): “The Value of Corporate Credit: Evidence from the Corporate Bond Market”
2. Lei Zhao (Associate Research Fellow, Chinese Academy of Social Sciences Law Institute): “Commercial Credit in the Big Data Era (Chinese)”
3. Jihong Zhang (Associate Professor, School of Law, Shanghai University of International Business and Economics): “The Problems and Regulatory Logic of Individual Credit Checks in the Big Data Era”
Commentator: (15 minutes): Mingshen Zhang (Director, Legal Office of People's Bank of China)
Q&A: (15 minutes)
Personal Date Protection in the Social Credit System
Participants: (15 minutes/presentation)
1. Manuel Delmestro (Professor of Comparative and EU Law at Furen University, Taiwan): “Protecting Personal Information in the EU: a Preliminary Overview”
2. Xiaoye Bao (Lecturer, Shanghai Normal University Business School): “Study on the Legal Matters of the Application of Governmental Big Data (Chinese)”
3. Ping Sun (Associate Research Fellow, East China University of Political Science and Law Research Center for Rule of Law): “Law in Fragmentation and Data in Centralization: the Dilemma of Social Credit Legislation and its Solutions (English)”
Commentator: (15 minutes): Na Peng (Manager of Credit Regulatory Affairs, Experian Business Information Consulting (Beijing) Co., Ltd)
Q&A (15 minutes)
Closing Remarks (5:30-5:50pm)
Larry C. Backer (W. Richard and Mary Eshelman Faculty Scholar and Professor of Law and International Affairs, Pennsylvania State University; Board Member, Foundation for Law and International Affairs)
Duoqi Xu (Professor, Shanghai Jiao Tong University KoGuan School of Law; Director, Shanghai Jiao Tong University Research Center for Internet Law Innovation)