Tuesday, January 10, 2023

中共中央办公厅 国务院办公厅印发 《关于推进社会信用体系建设高质量发展 促进形成新发展格局的意见》[ General Office of the Chinese Communist Party Central Committee and the General Office of the State Council "Opinions on Promoting the Construction of a Social Credit System with High-Quality Development and Promoting the Formation of a New Development Pattern"]

Pix Credit here

 

Chinese authorities have unveiled their Draft Social Credit Law (comment was open through 14 December 2022) (Law of the PRC on the Establishment of the Social Credit System (Draft Released for Solicitation of Public Comment)

The "social credit system," first announced in 2014, is "an important component part of the Socialist market economy system and the social governance system" and aims to reinforce the idea that "keeping trust is glorious and breaking trust is disgraceful," according to a 2015 government document. The rankings are decided by China's economics planning team, the National Development and Reform Commission (NDRC), the People's Bank of China, and the Chinese court system, according to the South China Morning Post. (Business Insider)

The Draft Law represents the first major comprehensive rationalization, through law, of the vision (and framework) first circulated by the State Council in its now famous 2014 White Paper. It also represents the further development of the project of legalization around the Socialist rule of law core principles. To that end, it also represents the further operationalization of the principles and objectives of New Era ideology centering on the development of the Socialist Market economy expressed in the First Secretary's Report to the 20th CPC Congress in October 2022 ("We will refine the systems underpinning the market economy, such as those for property rights protection, market access, fair competition, and social credit, in order to improve the business environment." Ibid.).  

I will discuss the substance of the Draft Social Credit Law in a future post.  But that task cannot be fully realized without a careful consideration of an interpretive opinion that was distributed 29 March 2022 with little fanfare:  中共中央办公厅 国务院办公厅印发  《关于推进社会信用体系建设高质量发展  促进形成新发展格局的意见》[ General Office of the Chinese Communist Party Central Committee and the General Office of the State Council  "Opinions on Promoting the Construction of a Social Credit System with High-Quality Development and Promoting the Formation of a New Development Pattern"].

《关于推进社会信用体系建设高质量发展  促进形成新发展格局的意见》is a quite useful  gloss on the Draft Social Credit Law. Its greatest utility is in framing the principles around which the later in time Draft SCS Law was drafted, and more importantly, the way that the Draft SCS LAw would be intended to serve as an important element in the construction of New Era Socialist Market economy in China. That, in turn, will likely have a strong impact on the way in which Chinese enterprises will operate along the Belt & Road System, and, on that basis influence the working style of its local partners. It should be read in conjunction with the following:

中共中央 国务院 关于新时代加快完善社会主义市场经济体制的意见 [Central Committee of the Communist Party of China Opinions on accelerating the improvement of the socialist market economic system in the new era];  

(CPC Central Committee and State Council On Creating a Healthy Environment for Entrepreneurship) 中共中央国务院关于营造企业家健康成长环境 弘扬优秀企业家精神更好发挥企业家作用的意见;  

中共中央办公厅印发《关于加强新时代民营经济统战工作的意见》The General Office of the CPC Central Committee issued the "Opinions on Strengthening the United Front Work of Private Economy in the New Era" 

 An All-Around Cultivation of Socialist Morality--中共中央 国务院印发 [Issued by the Central Committee of the Chinese Communist Party]: 《新时代公民道德建设实施纲要》[The Outline of the Implementation of the Construction of the Moral Citizen in the New Era]

The Opinions on Promoting the Construction of a Social Credit System (关于推进社会信用体系建) follows in the original Chinese and in a crude English translation.

 

中共中央办公厅 国务院办公厅印发

《关于推进社会信用体系建设高质量发展

促进形成新发展格局的意见》


近日,中共中央办公厅、国务院办公厅印发了《关于推进社会信用体系建设高质量发展促进形成新发展格局的意见》,并发出通知,要求各地区各部门结合实际认真贯彻落实。

《关于推进社会信用体系建设高质量发展促进形成新发展格局的意见》全文如下。

完善的社会信用体系是供需有效衔接的重要保障,是资源优化配置的坚实基础,是良好营商环境的重要组成部分,对促进国民经济循环高效畅通、构建新发展格局具有重要意义。为推进社会信用体系建设高质量发展,促进形成新发展格局,现提出如下意见。

一、总体要求

(一)指导思想。以习近平新时代中国特色社会主义思想为指导,深入贯彻党的十九大和十九届历次全会精神,坚持系统观念,统筹发展和安全,培育和践行社会主义核心价值观,扎实推进信用理念、信用制度、信用手段与国民经济体系各方面各环节深度融合,进一步发挥信用对提高资源配置效率、降低制度性交易成本、防范化解风险的重要作用,为提升国民经济体系整体效能、促进形成新发展格局提供支撑保障。

(二)工作要求。立足经济社会发展全局,整体布局、突出重点,有序推进各地区各行业各领域信用建设。积极探索创新,运用信用理念和方式解决制约经济社会运行的难点、堵点、痛点问题。推动社会信用体系建设全面纳入法治轨道,规范完善各领域各环节信用措施,切实保护各类主体合法权益。充分调动各类主体积极性创造性,发挥征信市场积极作用,更好发挥政府组织协调、示范引领、监督管理作用,形成推进社会信用体系建设高质量发展合力。

二、以健全的信用机制畅通国内大循环

(三)强化科研诚信建设和知识产权保护。全面推行科研诚信承诺制,加强对科研活动全过程诚信审核,提升科研机构和科研人员诚信意识。依法查处抄袭、剽窃、伪造、篡改等违背科研诚信要求的行为,打击论文买卖“黑色产业链”。健全知识产权保护运用体制,鼓励建立知识产权保护自律机制,探索开展知识产权领域信用评价。健全知识产权侵权惩罚性赔偿制度,加大对商标抢注、非正常专利申请等违法失信行为的惩戒力度,净化知识产权交易市场。

(四)推进质量和品牌信用建设。深入实施质量提升行动,强化计量、标准、认证认可、检验检测等方面诚信要求,扩大国内市场优质产品和服务供给,提升产业链供应链安全可控水平。开展中国品牌创建行动,推动企业将守法诚信要求落实到生产经营各环节,加强中华老字号和地理标志保护,培育一大批诚信经营、守信践诺的标杆企业。

(五)完善流通分配等环节信用制度。准确评判信用状况,提升资源配置使用效率。加快建设覆盖线上线下的重要产品追溯体系。健全市场主体信誉机制,提升企业合同履约水平。实行纳税申报信用承诺制,提升纳税人诚信意识。依法打击骗取最低生活保障金、社会保险待遇、保障性住房等行为。建立社会保险领域严重失信主体名单制度。推进慈善组织信息公开,建立慈善组织活动异常名录,防治诈捐、骗捐,提升慈善组织公信力。依法惩戒拖欠农民工工资等失信行为,维护农民工合法权益。

(六)打造诚信消费投资环境。鼓励探索运用信用手段释放消费潜力,在医疗、养老、家政、旅游、购物等领域实施“信用+”工程。依法打击制假售假、违法广告、虚假宣传等行为,加强预付费消费监管,对侵害消费者权益的违法行为依法进行失信联合惩戒;对屡禁不止、屡罚不改的,依法实施市场禁入。加强法治政府、诚信政府建设,在政府和社会资本合作、招商引资等活动中依法诚信履约,增强投资者信心。建立健全政府失信责任追究制度,完善治理拖欠账款等行为长效机制。推广涉企审批告知承诺制。加强司法公信建设,加大推动被执行人积极履行义务力度,依法惩治虚假诉讼。

(七)完善生态环保信用制度。全面实施环保、水土保持等领域信用评价,强化信用评价结果共享运用。深化环境信息依法披露制度改革,推动相关企事业单位依法披露环境信息。聚焦实现碳达峰碳中和要求,完善全国碳排放权交易市场制度体系,加强登记、交易、结算、核查等环节信用监管。发挥政府监管和行业自律作用,建立健全对排放单位弄虚作假、中介机构出具虚假报告等违法违规行为的有效管理和约束机制。

(八)加强各类主体信用建设。围绕市场经济运行各领域各环节,对参与市场活动的企业、个体工商户、社会组织、机关事业单位以及自然人等各类主体,依法加强信用建设。不断完善信用记录,强化信用约束,建立健全不敢失信、不能失信、不想失信长效机制,使诚实守信成为市场运行的价值导向和各类主体的自觉追求。

三、以良好的信用环境支撑国内国际双循环相互促进

(九)优化进出口信用管理。引导外贸企业深耕国际市场,加强品牌、质量建设。高水平推进“经认证的经营者”(AEO)国际互认合作;高质量推进海关信用制度建设,推动差别化监管措施落实,提升高级认证企业“获得感”;建立进出口海关监管领域信用修复和严重失信主体名单制度,打造诚实守信的进出口营商环境。用足用好出口退税、出口信用保险等外贸政策工具,适度放宽承保和理赔条件。

(十)加强国际双向投资及对外合作信用建设。贯彻实施外商投资法及其实施条例,健全外商投资准入前国民待遇加负面清单管理制度,保护外商投资合法权益,加大知识产权保护国际合作力度,保持和提升对外商投资的吸引力。加强对外投资、对外承包工程、对外援助等领域信用建设,加强信用信息采集、共享、应用,推广应用电子证照,完善守信激励和失信惩戒措施,进一步规范市场秩序。完善境外投资备案核准制度,优化真实性合规性审核,完善对外投资报告制度,完善对外承包工程项目备案报告管理和特定项目立项管理,将违法违规行为列入信用记录,加强事前事中事后全链条监管。

(十一)积极参与信用领域国际治理。积极履行同各国达成的多边和双边经贸协议,按照扩大开放要求和我国需要推进修订法律法规。在信用领域稳步拓展规则、规制、管理、标准等制度型开放,服务高质量共建“一带一路”,为推动构建更加公正合理的国际治理体系贡献中国智慧、提供中国方案。

四、以坚实的信用基础促进金融服务实体经济

(十二)创新信用融资服务和产品。发展普惠金融,扩大信用贷款规模,解决中小微企业和个体工商户融资难题。加强公共信用信息同金融信息共享整合,推广基于信息共享和大数据开发利用的“信易贷”模式,深化“银税互动”、“银商合作”机制建设。鼓励银行创新服务制造业、战略性新兴产业、“三农”、生态环保、外贸等专项领域信贷产品,发展订单、仓单、保单、存货、应收账款融资和知识产权质押融资。规范发展消费信贷。

(十三)加强资本市场诚信建设。进一步夯实资本市场法治和诚信基础,健全资本市场诚信档案,增强信用意识和契约精神。压实相关主体信息披露责任,提升市场透明度。建立资本市场行政许可信用承诺制度,提高办理效率。督促中介服务机构勤勉尽责,提升从业人员职业操守。严格执行强制退市制度,建立上市公司优胜劣汰的良性循环机制。加强投资者权益保护,打造诚实守信的金融生态环境。

(十四)强化市场信用约束。充分发挥信用在金融风险识别、监测、管理、处置等环节的作用,建立健全“早发现、早预警、早处置”的风险防范化解机制。支持金融机构和征信、评级等机构运用大数据等技术加强跟踪监测预警,健全市场化的风险分担、缓释、补偿机制。坚持“严监管、零容忍”,依法从严从快从重查处欺诈发行、虚假陈述、操纵市场、内幕交易等重大违法案件,加大对侵占挪用基金财产行为的刑事打击力度。健全债务违约处置机制,依法严惩逃废债行为。加强网络借贷领域失信惩戒。完善市场退出机制,对资不抵债失去清偿能力的企业可依法破产重整或清算,探索建立企业强制退出制度。

五、以有效的信用监管和信用服务提升全社会诚信水平

(十五)健全信用基础设施。统筹推进公共信用信息系统建设。加快信用信息共享步伐,构建形成覆盖全部信用主体、所有信用信息类别、全国所有区域的信用信息网络,建立标准统一、权威准确的信用档案。充分发挥“信用中国”网站、国家企业信用信息公示系统、事业单位登记管理网站、社会组织信用信息公示平台的信息公开作用。进一步完善金融信用信息基础数据库,提高数据覆盖面和质量。

(十六)创新信用监管。加快健全以信用为基础的新型监管机制。建立健全信用承诺制度。全面建立企业信用状况综合评价体系,以信用风险为导向优化配置监管资源,在食品药品、工程建设、招标投标、安全生产、消防安全、医疗卫生、生态环保、价格、统计、财政性资金使用等重点领域推进信用分级分类监管,提升监管精准性和有效性。深入开展专项治理,着力解决群众反映强烈的重点领域诚信缺失问题。

(十七)培育专业信用服务机构。加快建立公共信用服务机构和市场化信用服务机构相互补充、信用信息基础服务与增值服务相辅相成的信用服务体系。在确保安全前提下,各级有关部门以及公共信用服务机构依法开放数据,支持征信、评级、担保、保理、信用管理咨询等市场化信用服务机构发展。加快征信业市场化改革步伐,培育具有国际竞争力的信用评级机构。加强信用服务市场监管和行业自律,促进有序竞争,提升行业诚信水平。

(十八)加强诚信文化建设。大力弘扬社会主义核心价值观,推动形成崇尚诚信、践行诚信的良好风尚。引导行业协会商会加强诚信自律,支持新闻媒体开展诚信宣传和舆论监督,鼓励社会公众积极参与诚信建设活动。深化互联网诚信建设。依法推进个人诚信建设,着力开展青少年、企业家以及专业服务机构与中介服务机构从业人员、婚姻登记当事人等群体诚信教育,加强定向医学生、师范生等就业履约管理。强化信用学科建设和人才培养。

六、加强组织实施

(十九)加强党的领导。坚持和加强党对社会信用体系建设工作的领导。按照中央统筹、省负总责、市县抓落实的总体要求,建立健全统筹协调机制,将社会信用体系建设纳入高质量发展综合绩效评价,确保各项任务落实到位。国家发展改革委、中国人民银行要加强统筹协调,各有关部门和单位要切实履行责任,形成工作合力。

(二十)强化制度保障。加快推动出台社会信用方面的综合性、基础性法律,修订《企业信息公示暂行条例》等行政法规。鼓励各地结合实际在立法权限内制定社会信用相关地方性法规。建立健全信用承诺、信用评价、信用分级分类监管、信用激励惩戒、信用修复等制度。完善信用标准体系。

(二十一)坚持稳慎适度。编制全国统一的公共信用信息基础目录和失信惩戒措施基础清单,准确界定信用信息记录、归集、共享、公开范围和失信惩戒措施适用范围。根据失信行为性质和严重程度,采取轻重适度的惩戒措施,确保过惩相当。

(二十二)推进试点示范。统筹抓好社会信用体系建设示范区创建工作,重点在构建以信用为基础的新型监管机制、信用促进金融服务实体经济、完善信用法治等方面开展实践探索。鼓励各地区各有关部门先行先试,及时总结推广典型做法和成功经验。

(二十三)加强安全保护。严格落实信息安全保护责任,规范信用信息查询使用权限和程序,加强信用领域信息基础设施安全管理。依法保护国家秘密、商业秘密。贯彻实施个人信息保护法等法律法规,维护个人信息合法权益。依法监管信用信息跨境流动,防止信息外流损害国家安全。

(新华社北京2022年3月29日电)

 

 

 Issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council

"Opinions on Promoting the Construction of a Social Credit System with High-Quality Development and Promoting the Formation of a New Development Pattern"



Recently, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Opinions on Promoting the Construction of a Social Credit System with High-Quality Development and Promoting the Formation of a New Development Pattern", and issued a notice requiring all regions and departments to conscientiously implement it in light of their actual conditions.

The full text of the "Opinions on Promoting the Construction of a Social Credit System with High-Quality Development and Promoting the Formation of a New Development Pattern" is as follows.

A sound social credit system is an important guarantee for the effective connection between supply and demand, a solid foundation for the optimal allocation of resources, and an important part of a good business environment. It is of great significance for promoting the efficient and smooth circulation of the national economy and building a new development pattern. In order to promote the high-quality development of social credit system construction and promote the formation of a new development pattern, the following opinions are hereby offered.

1. General requirements

(1) Guiding ideology. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and the previous plenary sessions of the 19th National Congress, adhere to the system concept, coordinate development and security, cultivate and practice socialist core values, and solidly promote the concept of credit, credit The system and credit means are deeply integrated with all aspects of the national economic system, and credit plays an important role in improving resource allocation efficiency, reducing institutional transaction costs, preventing and defusing risks, and improving the overall efficiency of the national economic system and promoting the formation of a new development pattern. Provide support.

(2) Work requirements. Based on the overall situation of economic and social development, the overall layout and key points shall be highlighted, and credit construction in all regions, industries and fields shall be promoted in an orderly manner. Actively explore and innovate, and use credit concepts and methods to solve difficulties, blockages, and pain points that restrict economic and social operations. Promote the construction of the social credit system into the track of the rule of law, standardize and improve credit measures in all fields and links, and effectively protect the legitimate rights and interests of various subjects. Fully mobilize the enthusiasm and creativity of various entities, give full play to the positive role of the credit reporting market, and better leverage the government's role in organization and coordination, demonstration leadership, and supervision and management, so as to form a joint force to promote the high-quality development of the social credit system.

2. Smooth the domestic circulation with a sound credit mechanism

(3) Strengthen the construction of scientific research integrity and the protection of intellectual property rights. Fully implement the scientific research integrity commitment system, strengthen the integrity review of the entire process of scientific research activities, and enhance the integrity awareness of scientific research institutions and scientific research personnel. Investigate and deal with plagiarism, plagiarism, forgery, tampering and other acts that violate the requirements of scientific research integrity in accordance with the law, and crack down on the "black industrial chain" of paper trading. Improve the system for the protection and application of intellectual property rights, encourage the establishment of self-discipline mechanisms for intellectual property protection, and explore the development of credit evaluations in the field of intellectual property rights. Improve the punitive compensation system for intellectual property infringement, increase punishment for illegal and dishonest acts such as trademark squatting and abnormal patent application, and purify the intellectual property trading market.

(4) Promote the construction of quality and brand credit. In-depth implementation of quality improvement actions, strengthen integrity requirements in measurement, standards, certification and accreditation, inspection and testing, etc., expand the supply of high-quality products and services in the domestic market, and improve the security and controllability of the industrial chain and supply chain. Carry out actions to create Chinese brands, promote enterprises to implement the requirements of law-abiding and integrity in all aspects of production and operation, strengthen the protection of time-honored Chinese brands and geographical indications, and cultivate a large number of benchmarking enterprises that operate with integrity and keep their promises.

(5) Improving the credit system in links such as circulation and distribution. Accurately judge the credit status and improve the efficiency of resource allocation and use. Accelerate the construction of an important product traceability system covering online and offline. Improve the reputation mechanism of market entities and improve the level of corporate contract performance. Implement a credit commitment system for tax declarations to enhance taxpayers' awareness of integrity. Crack down on fraudulently obtaining minimum living allowances, social insurance benefits, affordable housing, etc. in accordance with the law. Establish a list system for seriously untrustworthy entities in the social insurance field. Promote the disclosure of charitable organization information, establish a list of abnormal activities of charitable organizations, prevent fraudulent donations, and enhance the credibility of charitable organizations. Punish untrustworthy behaviors such as arrears of wages to migrant workers in accordance with the law, and protect the legitimate rights and interests of migrant workers.

(6) Create an honest consumption and investment environment. Encourage the exploration of the use of credit means to release consumption potential, and implement the "credit +" project in the fields of medical care, elderly care, housekeeping, tourism, shopping, etc. Crack down on the manufacture and sale of counterfeit goods, illegal advertisements, and false publicity in accordance with the law, strengthen the supervision of pre-paid consumption, and conduct untrustworthy joint punishments for illegal acts that infringe on the rights and interests of consumers in accordance with the law; Strengthen the construction of a law-based government and an honest government, and perform contracts in accordance with the law and in good faith in activities such as government-social capital cooperation and investment promotion, so as to enhance investor confidence. Establish and improve the accountability system for government dishonesty, and improve the long-term mechanism for the governance of delinquent accounts and other behaviors. Promote the notification and commitment system for enterprise-related approval. Strengthen the construction of judicial credibility, increase efforts to promote the active performance of obligations of persons subject to enforcement, and punish false lawsuits in accordance with the law.

(7) Improve the ecological and environmental protection credit system. Comprehensively implement credit evaluations in fields such as environmental protection and water and soil conservation, and strengthen the sharing and use of credit evaluation results. Deepen the reform of the environmental information disclosure system according to the law, and promote relevant enterprises and institutions to disclose environmental information according to the law. Focus on realizing the requirements of carbon neutrality at the peak of carbon emissions, improve the system of the national carbon emission trading market system, and strengthen credit supervision in registration, trading, settlement, verification and other links. Give full play to the role of government supervision and industry self-discipline, and establish and improve an effective management and restraint mechanism for violations of laws and regulations such as falsification by emission units and false reports issued by intermediary agencies.

(8) Strengthen the credit construction of various entities. Focusing on all fields and links in the operation of the market economy, strengthen credit building in accordance with the law for various entities such as enterprises, individual industrial and commercial households, social organizations, government agencies and institutions, and natural persons participating in market activities. Continuously improve credit records, strengthen credit constraints, establish and improve long-term mechanisms for not daring to break trust, not being able to break trust, and not wanting to break trust, so that honesty and trustworthiness become the value orientation of market operations and the conscious pursuit of various entities.

3. Support the mutual promotion of domestic and international dual cycles with a good credit environment

(9) Optimizing import and export credit management. Guide foreign trade enterprises to deepen the international market and strengthen brand and quality building. High-level promotion of "Authorized Economic Operator" (AEO) international mutual recognition cooperation; high-quality promotion of the construction of customs credit system, promotion of the implementation of differentiated supervision measures, and improvement of the "sense of acquisition" of advanced certification enterprises; establishment of credit restoration in the field of import and export customs supervision and the list system of seriously untrustworthy entities to create an honest and trustworthy import and export business environment. Make full use of foreign trade policy tools such as export tax rebates and export credit insurance, and moderately relax the conditions for underwriting and claims.

(10) Strengthen international two-way investment and credit building for foreign cooperation. Implement the Foreign Investment Law and its implementation regulations, improve the pre-establishment national treatment plus negative list management system for foreign investment, protect the legitimate rights and interests of foreign investment, increase international cooperation in intellectual property protection, and maintain and enhance the attractiveness of foreign investment. Strengthen credit building in the fields of foreign investment, foreign contracted projects, and foreign aid, strengthen the collection, sharing, and application of credit information, promote the application of electronic certificates, improve incentives for keeping promises and punishment for breaking promises, and further regulate market order. Improve the overseas investment filing and approval system, optimize the authenticity and compliance review, improve the foreign investment reporting system, improve the management of foreign contracted engineering project filing reports and specific project approval management, include violations of laws and regulations in credit records, and strengthen the pre-event and post-event security. Chain custody.

(11) Actively participate in international governance in the field of credit. Actively implement the multilateral and bilateral economic and trade agreements reached with other countries, and promote the revision of laws and regulations in accordance with the requirements of expanding opening up and the needs of our country. In the field of credit, steadily expand rules, regulations, management, standards and other institutional openings, serve high-quality joint construction of the "Belt and Road", contribute Chinese wisdom and provide Chinese solutions to promote the construction of a more fair and reasonable international governance system.

4. Promote financial services to the real economy with a solid credit foundation

(12) Innovating credit financing services and products. Develop inclusive finance, expand the scale of credit loans, and solve financing problems for small, medium and micro enterprises and individual industrial and commercial households. Strengthen the sharing and integration of public credit information and financial information, promote the "Xinyidai" model based on information sharing and big data development and utilization, and deepen the construction of "bank-tax interaction" and "bank-business cooperation" mechanisms. Encourage banks to innovate and serve credit products in special fields such as manufacturing, strategic emerging industries, "agriculture, rural areas and farmers", ecological environmental protection, and foreign trade, and develop orders, warehouse receipts, insurance policies, inventories, accounts receivable financing, and intellectual property pledge financing. Standardize the development of consumer credit.

(13) Strengthen the integrity of the capital market. Further consolidate the foundation of the rule of law and integrity in the capital market, improve the integrity files of the capital market, and enhance credit awareness and contract spirit. Strengthen the information disclosure responsibilities of relevant entities and enhance market transparency. Establish a capital market administrative licensing credit commitment system to improve processing efficiency. Urge intermediary service agencies to be diligent and responsible, and improve the professional ethics of employees. Strictly implement the mandatory delisting system, and establish a virtuous cycle mechanism for the survival of the fittest of listed companies. Strengthen the protection of investors' rights and interests, and create an honest and trustworthy financial ecological environment.

(14) Strengthen market credit constraints. Give full play to the role of credit in financial risk identification, monitoring, management, and disposal, and establish and improve a risk prevention and resolution mechanism for "early discovery, early warning, and early disposal." Support financial institutions and credit reporting and rating agencies to use big data and other technologies to strengthen tracking, monitoring and early warning, and improve market-oriented risk sharing, mitigation, and compensation mechanisms. Adhere to "strict supervision and zero tolerance", strictly investigate and deal with major illegal cases such as fraudulent issuance, false statements, market manipulation, and insider trading in accordance with the law, and increase criminal crackdowns on embezzlement and misappropriation of fund assets. Improve the mechanism for dealing with debt defaults, and severely punish debt evasion and cancellation in accordance with the law. Strengthen the punishment of dishonesty in the field of online lending. Improve the market exit mechanism, insolvency and loss of solvency enterprises can go bankrupt, reorganize or liquidate according to law, and explore the establishment of a compulsory exit system for enterprises.

5. Improve the integrity level of the whole society with effective credit supervision and credit services

(15) Improve credit infrastructure. Coordinate and promote the construction of the public credit information system. Accelerate the pace of credit information sharing, build and form a credit information network covering all credit entities, all credit information categories, and all regions of the country, and establish standardized, authoritative and accurate credit files. Give full play to the information disclosure role of the "Credit China" website, the national enterprise credit information disclosure system, public institution registration management websites, and social organization credit information disclosure platforms. Further improve the basic database of financial credit information and improve data coverage and quality.

(16) Innovate credit supervision. Accelerate the improvement of a new credit-based regulatory mechanism. Establish a sound credit commitment system. Comprehensively establish a comprehensive evaluation system for corporate credit status, and optimize the allocation of regulatory resources based on credit risk. Promote graded and classified supervision of credit in key areas to improve the accuracy and effectiveness of supervision. Carry out in-depth special governance, and focus on solving the problem of lack of integrity in key areas that the masses have strongly reported.

(17) Cultivate professional credit service institutions. Accelerate the establishment of a credit service system in which public credit service agencies and market-oriented credit service agencies complement each other, and where credit information basic services and value-added services complement each other. Under the premise of ensuring safety, relevant departments at all levels and public credit service agencies open up data in accordance with the law, and support the development of market-oriented credit service agencies such as credit reporting, ratings, guarantees, factoring, and credit management consulting. Accelerate the pace of market-oriented reform of the credit reporting industry, and cultivate credit rating agencies with international competitiveness. Strengthen credit service market supervision and industry self-discipline, promote orderly competition, and improve industry integrity.

(18) Strengthen the construction of integrity culture. Vigorously promote the socialist core values, and promote the formation of a good trend of advocating and practicing integrity. Guide industry associations and chambers of commerce to strengthen integrity and self-discipline, support the news media to carry out integrity promotion and public opinion supervision, and encourage the public to actively participate in integrity building activities. Deepen the construction of Internet integrity. Promote the construction of personal integrity in accordance with the law, focus on carrying out integrity education for groups such as teenagers, entrepreneurs, employees of professional service agencies and intermediary service agencies, and parties to marriage registration, and strengthen the employment performance management of targeted medical students and normal students. Strengthen credit discipline construction and personnel training.

6. Strengthen the organization and implementation

(19) Strengthen the leadership of the party. Uphold and strengthen the party's leadership over the construction of the social credit system. In accordance with the overall requirements of central planning, provinces taking overall responsibility, and cities and counties focusing on implementation, establish a sound overall planning and coordination mechanism, incorporate the construction of the social credit system into the comprehensive performance evaluation of high-quality development, and ensure that all tasks are implemented in place. The National Development and Reform Commission and the People's Bank of China must strengthen overall planning and coordination, and all relevant departments and units must earnestly fulfill their responsibilities and form a joint effort.

(20) Strengthen institutional guarantees. Accelerate the promotion of the introduction of comprehensive and basic laws on social credit, and revise the "Interim Regulations on Enterprise Information Disclosure" and other administrative regulations. Encourage all localities to formulate local laws and regulations related to social credit within the legislative authority in light of actual conditions. Establish and improve systems for credit commitments, credit ratings, credit classification and classification supervision, credit incentives and punishments, and credit restoration. Improve the credit standard system.

(21) Adhere to prudence and moderation. Compile a nationally unified basic catalog of public credit information and a basic list of punitive measures for untrustworthiness, accurately define the scope of credit information recording, collection, sharing, and disclosure, and the scope of application of punitive measures for untrustworthiness. According to the nature and severity of untrustworthy conduct, adopt moderate and severe disciplinary measures to ensure that excessive punishments are proportionate.

(22) Promote pilot demonstrations. Make overall plans for the establishment of demonstration zones for the construction of a social credit system, focusing on practical explorations in the construction of a new credit-based regulatory mechanism, credit promotion of financial services to the real economy, and improvement of the credit rule of law. Encourage all relevant departments in all regions to try first, and summarize and promote typical practices and successful experiences in a timely manner.

(23) Strengthen security protection. Strictly implement information security protection responsibilities, standardize the authority and procedures for the use of credit information inquiries, and strengthen the security management of information infrastructure in the credit field. Protect state secrets and commercial secrets in accordance with the law. Implement laws and regulations such as the Personal Information Protection Law to safeguard the legitimate rights and interests of personal information. Supervise the cross-border flow of credit information in accordance with the law to prevent the outflow of information from harming national security.

(Xinhua News Agency, Beijing, March 29, 2022)

 

 

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