Showing posts with label Social Credit. Show all posts
Showing posts with label Social Credit. Show all posts

Saturday, August 01, 2026

《人工智能示范法4.0》中英双语版本发布 «Bilingual Chinese-English Version of the "Model Law on Artificial Intelligence 4.0" Released»

 

Image generated with ChatGPT

Groups of scholars and others  have been working on the creation of a Model Law of Artificial Intelligence. One of these groups, 中国法学会 网络与信息法学研究会 [the China Law Society Research Society on Cyber and Information Law], posted their version 4.0 of a Model Law on Artificial Intelligence for China recently. 中英双语版本发布 «Bilingual Chinese-English Version of the "Model Law on Artificial Intelligence 4.0" Released». The text follows below.

As they describe it:

The Model Law is divided into 7 parts:

Chapter 1, General provisions (articles 1-15): This sets the ideological, aspirational, political and operational premises under and through which the Model Law is to be understood, interpreted and applied. These serve as the framing premises of the Model Law and also situates it within the regulatory cognitive universe  with which it must align and the values and objectives of which it must advance and protect. 

Chapter 2, Support and Promotion of AI (articles 16-39): This specifies the operational structures and frameworks within which the high quality development premises of Chapter 1 can be realized within the guiding premises of the Chinese fundamental political line (formalized planning, infrastructure, data, algorithms and models, basic research, IP, eco-system development, pilot zones for development and free trade zones, assessment). This is the operational core of the Model Law. 

Chapter 3, AI Oversight Systems (articles 40-48):  This specifies the oversight framework and objectives within the activities of Chapter 2 are to be realized (safety/security obligations, life cycle security of critical systems, security vulnerabilities, audit, remedy and notice, transparency/fairness/explanability, risk management and risk blocking, AI ethics review). This is the supervisory core of the Model Law. 

Chapter 4, Obligations of AI Developers, Providers, and Users (articles 49-80): this is a very long framing chapter that is organized within a structural chapeau (general provisions, arts. 49-63) and then divided among the functionally differentiated obligations of developers (arts. 64-64); providers (arts. 66-74), and users (arts. 75-80). These provisions are deeply embedded within the complex regulatory structures of these elements of development, production and use already in effect or in gestation.  These are operations/implementation level router provisions with sometimes substantial regulatory "value added" or value changing effect. 

Chapter 5, Comprehensive AI Governance Mechanisms (arts. 81-95): These provisions are outward facing guidance for state authorities. They must be read in the shadow of the fundamental political line and the overall authority of the CPC and its organs, especially as they operate at the pubic facing implementation and regulatory guidance levels. The  extraterritorial provisions mirror current expansionist efforts through a Socialist "effects" test theory. The most interesting provision is article 93 (governance through technology), focusing on support for tech innovation and its support by state organs and then highlighting RegTech and ComplianceTech but not social credit and smart cities systems.  That suggests that the state and state organs are NOT may not be objects of this regulation.

Chapter 6 Liabilities (arts. 96-109): These provisions align with general remedial measures in the Chinese domestic legal order refined for this field of law. The essence is a graded system of administrative supervision (art. 96) starting with supervisory orders of rectification in the face of violation, issuance of a warning, the confiscation of gains acquired through violation of law and termination of business activities. Article 102 provides a safe harbor for tort damages.

Chapter 7 Supplementary Provisions (arts. 110-114). These include definitions of key terms and special provisions for military AI, AI R&D, and the operation of the AI Negative List (see also e.g., art. 40). 

For an interesting analysis see Stanford's DigiChina website HERE.



The China Law Society Research Society on Cyber and Information Law

Established in September 2002—originally under the name "Information Law Research Society of the China Law Society"—the China Law Society Research Society on Cyber ​​and Information Law is a national-level research society directly affiliated with the China Law Society. It was co-founded by six entities: the former State Council Informatization Office, the Ministry of Public Security, the Ministry of State Security, the former Ministry of Information Industry, the National Administration of State Secrets Protection, and the Institute of Law of the Chinese Academy of Social Sciences (CASS).
In November 2015, following a decision by the Party Leadership Group of the China Law Society, the organization was renamed the China Law Society Research Society on Cyber ​​and Information Law. Currently, its sponsoring entities comprise seven organizations: the Office of the Central Cyberspace Affairs Commission, the Ministry of Industry and Information Technology, the National Administration of State Secrets Protection, the Ministry of Public Security, the Ministry of State Security, the State Cryptography Administration, and the Institute of Law of CASS. The Research Society’s secretariat is based at the Institute of Law of CASS, with operational support provided by the Institute’s Department of Cyber ​​and Information Law.
Since its inception, and under the leadership of the China Law Society and the support of relevant entities, the Research Society has engaged in activities such as legislative seminars, academic exchanges, research projects, and publications. It is dedicated to fostering research in the fields of cyber and information law, advancing the development of the discipline’s academic, theoretical, and discourse systems, and providing intellectual support for the construction of a rule-of-law China, a cyber powerhouse, and a digital China.

Sunday, June 14, 2026

Empowering AI in Communication--Reporting on the 5th Global Media Innovation Forum, Chongqing, China

 

Pix credit here (1960, Master tech modernization to better serve socialist construction)


Chinese media reported on the holding of the 5th Global Media Innovation Forum, which was held in Chongqing. Li Shulei delivered a video address, Yuan Jiajun, member of the Political Bureau of the CPC Central Committee and head of the Publicity Department of the CPC Central Committee, delivered a speech, alsong with and Shen Haixiong, Deputy Minister of the Publicity Department of the CPC Central Committee and President of China Media Group, and Chilizi Mawala, Under-Secretary-General of the United Nations and President of the United Nations University, delivered speeches. The reporting, from the Chongqing Daily, follows below in the original Chinese and in an English translation. 

 While the reporting including many interesting points, a few stood out.

First, the participants "emphasized the need to promote the all-round empowerment of AI in news reporting, cultural dissemination, and public services, accelerating media transformation through innovative development." [要推进人工智能在新闻报道、文化传播、公共服务等领域的全方位赋能,在创新发展中加快媒体转型。] (Chongqing Daily). That suggests not just a migration of communication from human to machine centered output sources. It also suggests that this leveraging of technology could be used to develop more highly coordinated output among the various channels of communication and perhaps the flattening of differences between forms and forums of dissemination. 

 Second, "they also stressed the importance of working together to promote shared human values, building international consensus on global AI governance, and driving digital technologies towards human-centered and benevolent practices." [要携手弘扬全人类共同价值,凝聚人工智能全球治理国际共识,推动数智技术以人为本、向善而行。] (Chongqing Daily). This suggests that while technology might accelerate and make denser the penetration of communication from all sectors to all targeted populations, the direction and control of content would (1) still include some sort of human supervision (something that is likely strongest as a concept as weakest as an operational element of such communication) and (2) would include programming that inserted values based guardrails. Those values based guardrails would be grounded in "in-depth implementation of the Global Civilization Initiative, actively building online platforms for cultural exchange and mutual learning, and fostering people-to-people connectivity." [要深入践行全球文明倡议,积极搭建网上文明交流互鉴平台,促进民心相通](Chongqing Daily).

 The text of the reporting follows below.

Monday, July 28, 2025

Reflections on the Fundamental Role of Trust AND/AS Worthiness in Social Ordering, the Example of China: 最高人民法院发布严格区分失信、失能被执行人强化信用修复典型案例 [The Supreme People's Court has issued a guiding case of strictly distinguishing untrustworthy and impaired (unable) persons subject to enforcement and strengthening credit repair]

 




Pix credit here (中華人民共和國 - 懲治反革命條例 )


In Europe--and from there to European colonial territories especially in the Americas--the debate about trust and worthiness has been, in its contemporary forms, at the heart of debates about the nature and purpose of society and its collective organizations from the time of the great debates before the Spanish Imperial court in the 16th century and from there throughout (at least initially Western) Europe. A central element of that debate focused on people at the margins of social organization and the question turned on the way in which one developed conceptual boxes (with consequences) into which one could place them. (“Los fingidos y vagabundos: On the Origins of Personal Responsibility and the Welfare State In Early Modern Spain and Its Implications for Welfare Reform in the United States,” 3 Loyola Poverty Law Journal 3:1-55 (1997). DOWNLOAD ARTICLE HERE:  3LoyolaPovertyLRev1(1997)Fingidos); for other writings HERE).

At its core in the early 16th century was the connection between worthiness and (social) utility, and also between worthiness and conformity to social expectations.  On the one side was the apparatus of the Church and the forms of what then was understood as Catholic social teaching, one which tended toward the core principle that everyone ought to be aided and that aid was a part of the evangelizing mission of the Church, broadly understood.  As such, all members of society would be expected to contribute tot he effort. On the other side was the State apparatus and the forms of understanding of the social/political purpose and roles of individuals within a society functionally differentiated, organized through hierarchies of status, and developing more aggressive structures in law, norms, and expectations, about the necessary contributions of everyone in, for, and as a contribution to their place in the social order.  And all of this for the greater glory of the State, which then aligned with the forward march and contribution to the greater glory of the Church. 

Pix credit here
Beneath all of this was the foundational notion that mendigos y vagabundos (beggars and vagabonds) were not only stealing from the productive capacity of the rest of society, but that they were, by their very nature, a subversive social force that has to be eradicated or at least controlled. The connection between the underworld of the poor (under established or more conventionally productive society) and the criminal underworld was always lurking somewhere in the collective mind of social forces with social ordering to protect. The "universalists" sought to aid all and evangelize the poor out of their evil ways to make them worthy; the "contributionalists" sought to aid all through more precise systems of rewards and punishments the ends of which were to make everyone worthy, and worthiness was marked by utility, and utility was marked by  trust. The nature of the mechanisms of control, reform, and the debates about the nature and manifestation of (personal and institutional) responsibility passed through many phases, from transport to colonial outposts, to workhouses and Western style laojiao (laogai; 劳动改造) institutions of reform or re-education through labor (formally abolished in China in 2013). 

The debates passed into what became Protestant Europe through the Low Countries and from there to England where it produced. among other things the Elizabethan Poor Law. And from there it was carried to the North American colonies established by or with the permission of the English Crown. It survives today as gloriously interested as it was in the early 16th century in the form of the endless debates in the United States about the nature, scope and expectations around "welfare"--pitting those who would see support broadened and those who would require some sort of utility. It passed as well to the Spanish colonial Empire where it formed part of the intricate politics between the Spanish metropolis, the colonial political and religious establishments. And of course, the notion is buried within the now global debates about "welfare state" and the nature of the obligation/duty/responsibility of some social/political collective do manage/eradicate/re-educate/reform/support elements deemed in need of any or all all of these. 

The larger point of this rather long digression is the fundamental conceptual core around which it has remained a lively and unresolved issue of public/private/cultural/religious debate and action to out own time. Though it is evidenced quite clearly in the debates about "welfare" it is there only a perhaps minor manifestation of the deeper issue of trust-worthiness in the rationalization of social collectives.  It is not enough to be worthy or to engender trust; what has become a necessary ordering block of social relations is the alignment of trust and or as worthiness, and the essential element of trust-worthiness in operating systems of rewards and punishments that, at one extreme--can affect that way an individual or collective organ is made meaningful in society, and thus meaningful, can be rewarded or punished for correct or incorrect behaviors. More precisely, the issue of trust AND/AS worthiness continues to seep into virtually all aspects of the organization of society, and thus, into the ways in which governing institutions (of whatever character of scope of authority). In this sense it is as much a central element in the ordering of conceptual cages of duty in society in religious communities as it is in the post-Enlightenment ideological orders that range from markets driven liberal democracy to Marxist-Leninist vanguard led-guided collectives.  

Pix credit here
Society, especially in the 21st Century, and increasingly aided by technology, has tended toward the more measured approaches to coercion of expectation of conformity to social norms--including tose norms that impose duties and responsibilities the details of which are encoded in a person (or institution's) status, role, and place within social hierarchies (including pathways to navigate in, through, and up social orders, and with its to change the palette of one's expectations and circumstances).  Whether one is a universalist or a contributionaliust--whether one believes in the power of evangelization, or that of utility through (re)education focused on labor (or something else)--the result in this century is the same: the injection of all social actors into increasingly complex and even more increasingly tech managed systems of punishments and rewards (e.g., “The algorithmic law of business and human rights: constructing private transnational law of ratings, social credit and accountability measures,” International Journal of Law in Context (2022), 1–19), the purpose of which is to develop a system in which trust can be secured through the stimulus of punishments and rewards, and that this system can, itself, then produce worthiness--a worthiness not necessarily inherent in an individual or in an institution, but rather a worthiness that, detached from its object, is produced by responses to external stimuli (“Next Generation Law: Data Driven Governance and Accountability Based Regulatory Systems in the West, and in Social Credit Regimes in China,” Southern California Interdisciplinary Law Journal 28:123-172 (2018)).  

Trust, of course, is an essential element of worthiness. Trust, in the conceptual cages of social relations, has come to be understood as an expectation of conformity to social norms (including the social norm of non-conformity). Those social norms are to some extent built into law (and thus the rule of law as a means of detaching legal rules of social expectation backed by the power of the institutions of state from the fickleness of its human overseers (as elected, appointed or other officials or otherwise servants of the state). Nonetheless, they are also built into and serve as the bars of the cognitive cage that keep people within the scope of expectation, and that, therefore, can also serve as a means of judging them. Thus judged, people can then be sorted out and rewarded, or punished--either to reform them (to make them something different from what they were) or re-educate them, or remove them from congress with other members of the social collective. Worthiness is the actual experience of trust in society.  If trust is the object/state of being that represents that cluster of expectations that represent the ideal of social relations, the worthiness is its phenomenology--the actualization of trust through what a person (legal or natural) does or does not do (“Social Credit “in” or “as” the Cage of Regulation of Socialist Legality,” The China Review 24(3):71-106 (2024)).  To manage these great instruments of externalized reards and punishments is to produce the great action-machine, the phenomenology, of trust, and with it, the power to align action with the normative aspirations of worthiness. 

 It is with that in mind that the role of the courts are sometimes interesting.  In particular, and specifically in China, the role of the courts as an element of larger systems of trust and worthiness building opens a window on the application of these broader concepts in a specific context and under a specific political-ideological system with national historical-cultural characteristics. As part of its system of Guiding Cases (中国指导性案例) (see here for a nice explanation; current developments here; database here) the Supreme People's Court issued an interesting set of "guiding Cases" on judgment defaulter lists managed through the courts as part of China's social credit system: 最高人民法院发布严格区分失信、失能被执行人强化信用修复典型案例 [The Supreme People's Court has issued a guiding case of strictly distinguishing untrustworthy and impaired persons subject to enforcement and strengthening credit repair].

pix credit here (Strive to make the people feel fairness and justice in every judicial case New media submission email: xmt@rmfyb.cn)

 

Jeremy Daum for China Law Translate  nicely examined this set of Guiding Cases in the social credit context.

Entry into the court’s defaulter list, however, is primarily limited to those who have an effective legal judgment against them but refuse to satisfy it despite having the ability to do so. Based loosely on the courts’ power to preserve assets to satisfy judgments, penalties under the defaulter list include limits on high spending. The restrictions on air travel, fancy trains, private schooling, etc., which are frequently associated with social credit in Western media, are almost entirely restricted to the court judgment defaulter list. With nearly 2.5 million entries made to the list in 2024 (down 23.4% from 2023), the judgment defaulter list is already a critical enforcement tool for the courts. It is so distinct from other social credit blacklists, however, that it is probably best to understand the defaulter list solely as a court enforcement mechanism rather than thinking of it as ‘social credit’ at all.

 It is in that context that the more fundamental debate about the nature of trust and worthiness, and the pathways toward the attainment of a trust-worthy person or collective becomes interesting. Here the court distinguishes two sorts of behaviors with different consequences: for those who are unable (presumably by reason of circumstances, whether or their own making or not  will likely be refined in the future) there is an effort to help; for those who refuse, there is punishment.  The former is worthy; the latter is not. Jeremy Daum's summarey and analysis lays this out quite nicely:

 The court should only blacklist judgment defaulters who have the capacity to fulfill judgments against them, but still refuse to do so. There has been minimal attention, however, to the processes for establishing whether a party has the ability to satisfy a judgment.

The Supreme People’s Court’s recent example cases on distinguishing ‘inability’  from ‘refusal’ to fulfil judgments seemed set to finally address this issue.  Rather than detailing procedures for considering parties’ actual financial situations, however, the cases emphasize a more holistic, discretionary, ad hoc approach, urging judges to consider both the defaulters’ assets and attitudes when planning enforcement. The primary focus seems to be on ensuring that penalties for default do not destroy otherwise viable businesses.

Taken together, the main messages of the cases can be summarized as:

  1. Stop mechanical application of the judgment defaulter list in all cases, and make real inquiries into the specific reasons for default, and ensure that enforcement measures correspond to actual conditions.
  2. Seek sustainable outcomes for all parties:
    1. Recognize that the goal is satisfying the judgment, not punishment, and employ measures that allow businesses to survive to acquire assets sufficient to fulfill their obligations.
    2. Acknowledge the broader impact of a company failing, including on its customers and the industry, and encourage resolutions that protect all parties.
  3. Consider the defaulter’s subjective malice or good intentions, employing penalties for truly intentional harms.

Pix credit here (help counterrevolutionaries turn over a new leaf
A very small example, really. Nonetheless it is a potent reminder  that the fundamental debate about the recognition, as well as the consequences of approaches to trust and worthiness continue ti pervade social relations. It is in the way in which these notions are both rationalized, and thus rationalized, manifested in action, that tends to serve as n important structural support for the organization and operation of a social collective. The fundamental issue remains the same--if on starts from the ordering premise that everyone be salved--are all people worthy of salvation--then the structures of society will be fashioned around salvation. If one starts from the proposition that some cannot be saved, then social ordering becomes more like what it is in both liberal democracy and Marxist Leninist States post-Enlightenment--systems of democratic dictatorship in every conceivable form.  There is at least a heavily dashed line between the conception of Mao Zedong's people's democratic dictatorship ("The combination of these two aspects, democracy for the people and dictatorship over the reactionaries, of Deng Xiaoping's On Opposing Wrong Ideological Tendencies ("The reason the rectification movement back in the Yan’an days was directed against subjectivism, sectarianism and stereotyped Party writing was that it aimed to solve fundamental problems rather than side issues."); and on a cultivation of a patriotic front (here), and the approach that the SPC reflects in its confrontation with the object and modalities of its defaulter list (as punishment) and its role as social agent producing harmony and collective progress (as reward/duty). What connects them is the notion that worthiness is a function of an attainable ideal and that trust comes action that suggests an active effort to move towards that ideal. The impaired judgment creditor can be helped to overcome their challenges; the intentional defaulter must be punished. 

The full text of  最高人民法院发布严格区分失信、失能被执行人强化信用修复典型案例 [The Supreme People's Court has issued a guiding case of strictly distinguishing untrustworthy and impaired persons subject to enforcement and strengthening credit repair] follows below in the original Chinese and in a crude working translation that gets the point across. 

 

Pix credit here; Michelangelo Last Judgment

Tuesday, April 29, 2025

“The Future of a Smart Society with Chinese Marxist-Leninist Characteristics: Reflections on “Opinions on Completing/Improving the Social Credit System” issued by the General Offices of the State Council and the CPCCC”--Study Group Presentation PPT and Summary Essay (ECLResearch Hub)

 


 

 I was delighted to have been invited by Marianne von Bloomberg to present brief reflections on 中共中央办公厅国务院办公厅关于健全社会信用体系的意见 [Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Improving the Social Credit System~, the first significant high level general statement on Chinese social credit and social credit systems since 2014 (crude English translation of the Opinions here) to members of the Social Credit Study Group, European China Law Research Hub University of Cologne, Germany (virtual) 29 April 2025. 

My presentation was entitled “The Future of a Smart Society with Chinese Marxist-Leninist Characteristics: Reflections on “Opinions on Completing/Improving the Social Credit System” issued by the General Offices of the State Council and the CPCCC.” There are six opinions which together elaborate a comprehensive vision for social credit regimes.

The presentation focused on three primary areas. The first was to consider the context from which this new pronouncement, from a high Party organ, emerged.  The second was to consider carefully the Opinions document as an integrated whole, in itself and as a function of the context from which it emerged. The last area of focus was to suggest broader themes that emerge from the document, among them the tensions between structural conflict ( 外儒内法 [Confucianism on the Outside/Legalism on the Inside]) and its normative center, which remains grounded in notions of trust (信). In that context one can consider some of the contradictions, challenges, frameworks, and structures that might emerge from this new pronouncement.  The Opinions is short but quite dense.  And it must be read in light of the core documents of the 3rd Plenum's socialist modernization  project, its focus on high quality productivity, and its objectives in elaborating a  Socialist market economy (broadly understood).

The core of the Opinions, considered as a whole, is deeply attached to developing elaborations of Chinese Marxist-Leninism in its new era.  First, social credit must adhere to and express the ideological political-economic framework within which it is an instrument and an expression. [General Requirements [总体要求]] Within that framework, social credit will be undertaken comprehensively in all of the key areas of Chinese collective and individual organization.[Build a social credit system covering all types of entities [构建覆盖各类主体的社会信用体系] That system is, in turn, grounded in data, whose production, protection, and deployment must be coordinated through the state under the guidance of the Party and within the specifications of law created for that purpose.[Consolidate the data foundation of the social credit system [夯实社会信用体系数据基础]] All of this effort elaborates the still fundamental starting point for the elaboration of a social credit based system(s), the notion of trust, now understood in its political, economic, social, and cultural dimensions, though elaborated principally through the lens of socialist modernization (but again understanding that within socialist modernization is the principle that everything is a productive force).[Improve the trustworthiness incentive and dishonesty punishment mechanism [健全守信激励和失信惩戒机制] ] These measures directed toward those ends will fail in the absence of strong quality control measures.[Improve the supervision and governance mechanism based on credit [健全以信用为基础的监管和治理机制] ] And social credit serves no useful purpose if it is not intimately integrated into the improvement and deployment of productive forces in every sphere of social relations, but, given the imperatives of the contemporary general contradiction, which must be focused on economics and social behaviors.[Improve the marketization and socialization level of the social credit system [提高社会信用体系市场化社会化水平]] Thus understood and directed, social credit becomes useful when appropriately utilized and implemented.[Strengthen organization and implementation [加强组织实施] ] Put in this way, one might perhaps note the way in which the social credit regimes discussed will serve as template for every aspect of organized life whether within the state, private, or social sectors, and with equal application to domestic and international engagement. The challenge, of course, will be to transpose these theoretical engagements into something operational. And it is to those ends that much of the detail in the Opinion is devoted.

The PowerPoint of the presentation and the summary essay follow below and they may be accessed from the following links: ACCESS PPT HERE: Backer-Opinions_CPCC-SC_SCS4-2025; ACCESS SUMMARY PAPER HERE: Reflections on 中共中央办公厅国务院办公厅关于健全社会信用体系的意见.

 

Tuesday, April 01, 2025

中共中央办公厅国务院办公厅关于健全社会信用体系的意见 [Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Improving the Social Credit System]

 

Pix credit here (Leger Nude Descending a Staircase No. 2


 Chinese Social Credit systems was once a "thing" both in China and in the West.  The reporting and reaction was vast, intense, and ultimately of relatively short duration (my discussion in essays here: Social Credit). It served as a sort of fetish object into which societies could pour their hopes and fears of what they began to understand as the inevitability of the transformation of social relations in the face of technologically enhanced digitization of social actors and the digitalization of their inter-relations. Not that people had not seen this coming--but it was generally left to science fiction writers in the 1950s-1970s and (mostly French) philosophers (it was Foucault who reminded his audiences that individuals were necessarily going to be reduced to "populations" and "statistics") and thus of little importance other than as markers of pretension or entertainment and both. But starting in the second decade of the 21st century, what was entertainment or pretension became substantially more real as technology (finally) revealed the possibilities for translating theory into operational systems.

Pix credit here
In China it appeared to offer the possibilities of seamless management of people, institutions, and systems. The operational objective was built around trust (e.g., here). For a short time at least, it was allowed to appear to point toward the perfection of a sort of regulatory system of systems. This meta system was to be grounded in big data based algorithmic analytics. These were meant to create (eventually) sets of interlocking and coordinated (through the organs of the CPC administered through state organs) platforms in which large pools of data which were to be shared by institutions across a variety of sub platforms (criminal, consumer, finance, education, judicial, social, labor, administrative, etc.). The object was to consume this data through analytics that were meant to lead to judgments (social credit scores) that would, in turn produce consequences across sub-platforms. Those judgments (scores) ad consequences, in turn, were also consumed as data that then contributed to further real time consequences and scoring for its subjects. Taken together, and at its most ambitious, social credit appeared, at least initially, to harbor the ambition to design a system of systems the object of which was to prod everyone and everything to adjust their behaviors and in so adjusting move closer to the ideal  (the ideal cadre, the ideal worker, the ideal parent, the ideal student, the ideal judge, the ideal enterprise, the ideal official, etc.). The interpretation of that ideal and its fulfillment, then, would become a core objective of the political vanguard through its CPC, one grounded in its application of Marxist Leninist theory with Chinese characteristics in the face of the contemporary general contradiction at any stage in historical development.

In a very real sense, then, one might be excused for thinking at, at least in its beginning and especially before COVID, the ideal of Chinese social credit was to create, in virtual form, the complexities of social relations, and then to use the analytics that converted physical to virtual representations of social relations to manage--and modify, various aspects of those relations, behaviors, and the like through targeted interventions.  It was, at its root, the beginning of an effort to digitize (eventually, and in its most ambitious versions) all of Chinese life and social relations, and then to digitalize these social relations through the construction of what might be understood as the hologram of Chinese life in all its respects. While similar ambitions were on display outside of China, the core difference was embedded in the difference between Marxist-Leninist and liberal democratic systems.  In the former the effort was meant to be undertaken under the leadership and guidance of the Communist Party of China (CPC), and to enhance the ability of such leadership and guidance to be most effective. It was centralized and  a means of enhancing the ability of the CPC to undertake its basic line.  In liberal democratic states it was driven in and through markets, by private natural and legal persons (and other collectives), in which the state (the vessel containing political authority however expressed) played a regulatory and usually antagonistic role (except to the extent the projects suited state officials of course). It was decentralized, and privatized, and driven by collective transactional interactions. In a sense, the Marxist-Leninist social credit project could be understood as essentially deductive and the liberal democratic project as inductive, in the sense that the former constructed social credit as an expression of its principles and objectives (with the State serving as the leading force), while in the later social credit initiatives contributed to the construction of principles and objectives (with the state holding up the rear).

 But that has all changed now; even in China. The experiment has fractured, and the challenge from traditional holders of authority and the pull of traditional ways of managing social relations proved too much for a quick transition. More importantly, the fractious competition among organized officials, each in their own little silos, for control of the key aspects of the system: data, data management and use, coding, coordination, algorithms, punishments and reward, and the like) overwhelmed the ambitions of those who might have thought it possible to develop a comprehensive system for popular management. But social credit and its systemicity has not died. Indeed, it has thrived, but now well tamed by the web of social relations within which it was to serve in a decisive role. Some of it has been peeled away into other, more siloed, and less ambitious endeavors--in the form of smart cities, smart courts, smart finance, etc., and perhaps, after the 3rd Plenum of the 20th CPC Congress's further development of socialist modernization and its high quality production principle, in the form of a "smart" Party apparatus. It makes sense from the perspective of a principles lead system.  One must first develop all of the component parts of a comprehensive system before it might be coordinated into existence through the CPC's coordinating mechanisms. That preserves the structures of power relations even as it shifts its locus from officials an institutions to the algorithms and data that serve them. And one must ensure that all such component systems conform to law--reminding people (and especially senior CPCP leaders) that the ultimate element in the constitution of a comprehensive coordinated system of "smart" governance will have to involve the automation or the digitalizaiton of law and its rule, and thus perhaps, as well to some extent, of the forms in which the CPC's guidance and leadership must take (see, e.g.,Social Revolution (社会革命) as Self-Revolution (自我革命) and the New Quality Production of CPC Modernization: 习近平 深入推进党的自我革命 [Xi Jinping, Deepen the Party's Self-Revolution] (Part of a speech at the Third Plenary Session of the 20th Central Commission for Discipline Inspection on January 8, 2024)).

All of this was well on display in the 31 March 2025 release of 中共中央办公厅国务院办公厅关于健全社会信用体系的意见 [Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Improving the Social Credit System]. The core object remains the same--trust as the organizing object/characteristic that drives system building (Social Credit “in” or “as” the Cage of Regulation of Socialist Legality).  Its scope and methods now reflect a new and perhaps less ambitious reality grounded in its contribution to socialist modernization (社会信用制度是市场经济基础制度。[The social credit system is the basic system of the market economy. ])--an object that also appears in liberal democratic states (Trust Platforms: The Digitalization of Corporate Governance and the Transformation of Trust in Polycentric Space) in the development of economic relations, broadly construed. At the same time, its detail suggests that social credit remains a foundational method for the management of social relations with ambitions that exceed a narrow construction of markets and economic activity. One speaks here of social credit as the means of digitally managing in innovative ways, both market relations and trust as it basic characteristic. 

The document is organized around sic opinions: (1) General Requirements [总体要求]; (2) Build a social credit system covering all types of entities [构建覆盖各类主体的社会信用体系]; (3) Consolidate the data foundation of the social credit system [夯实社会信用体系数据基础]; (4) Improve the trustworthiness incentive and dishonesty punishment mechanism [健全守信激励和失信惩戒机制]; (5) Improve the supervision and governance mechanism based on credit [健全以信用为基础的监管和治理机制]; (6) Improve the marketization and socialization level of the social credit system [提高社会信用体系市场化社会化水平]; and (7) Strengthen organization and implementation [加强组织实施]. Let's consider each very brefly.

(1) General Requirements [总体要求];. These situate social credit squarely within the ideological development of Chinese Marxist-Leninism in its New Era, but also specifically as a manifestation of new and high quality productivity at the heart of socialist modernization theory as memorialized in the documents produced in the 3rd Plenum of the 20th CPC Congress in July 2024. Of particular interest perhaps was the reminder to "adhere to the general tone of work of seeking progress while maintaining stability, fully and accurately implement the new development concept, adhere to government guidance, market drive, and social co-construction, adhere to the promotion of integrity culture, adhere to the mutual integration of public credit information and market credit information, adhere to reasonable and legal credit rewards and punishments." The melding of social credit and the important objectives of the creaiton of a Socialist Rule of Law state are presented here as both form and object.

 (2) Build a social credit system covering all types of entities [构建覆盖各类主体的社会信用体系]. This part of the Opinion was divided into five parts: (1) Deepen the construction of Government credit; (2) Strengthen the credit construction of business entities;  (3) Accelerate the credit construction of social organizations; (4) Promote the credit construction of natural persons in an orderly manner; and (5) Comprehensively strengthen the credit construction of the judicial law enforcement system. This section suggests that the ambitions for social credit as outlined in the 2014 State Council paper has not diminished, but that the approach to its realization is now more cautious and more deeply embedded in contemporary patterns and forms of (human centered) governance through law. At the same time, the scope of focus remains economic transaction oriented even as its reach touches on all critical fields of social relations--governmental (including judicial), enterprises, social organizations, and individuals (in markets at least).  The focus on judicial credit, grounded on trustworthiness, may be worth quoting in full:

Strengthen the construction of judicial credibility of courts and procuratorates and improve judicial credibility. Increase judicial openness in accordance with the law and safeguard the people's right to know. Strengthen the credit construction of judicial law enforcement personnel, and establish a credit record and credit commitment system for law enforcement personnel. Increase the cost of false litigation, illegality and dishonesty. Strictly implement the identification procedures for dishonest persons subject to enforcement, and optimize relevant dishonest punishment measures. [全面强化司法执法体系信用建设。加强法院、检察院司法公信建设,提高司法公信力。依法加大司法公开力度,保障人民群众知情权。加强司法执法人员信用建设,建立执法人员信用记录和信用承诺制度。提高虚假诉讼违法失信成本。严格失信被执行人认定程序,优化相关失信惩戒措施。]

(3) Consolidate the data foundation of the social credit system [夯实社会信用体系数据基础]. This part is also divided into five parts: (1) Establish a comprehensive, complete and accurate credit records; (2) Strengthen the collection and sharing of credit information; (3) Establish a unified public disclosure system for public credit information; (4) Promote the open circulation of public credit information in an orderly manner; and (5) Strengthen the security protection of credit information.

 Of critical importance here may be the focus on the coordination of digitized data flows within a central platform overseen by and through State organ(s). 

Strengthen the “general hub” function of the national credit information sharing platform for credit information collection and sharing, adhere to sharing as the general principle and non-sharing as the exception, uniformly collect credit information in various fields, provide credit information services to relevant departments according to needs and regulations, and regularly conduct collection and sharing quality and efficiency evaluations [强化全国信用信息共享平台信用信息归集共享“总枢纽”功能,坚持以共享为原则、不共享为例外,统一归集各领域信用信息,根据需求按规定向有关部门提供信用信息服务,定期开展归集共享质效评估]
The 3rd Plenum emphasized the need for coordination, especially in the economic field, including it seems, data and data sharing (which is to be distinguished from the organization and coordination of data platforms through markets, an idea heavily criticized in official discourse). Much of the rest of this section touches on coordination and fulfillment of existing law and regulation. The issue, of course, is coordination where various aspects of law and regulation are vested in different organs of the administrative state apparatus. 

(4) Improve the trustworthiness incentive and dishonesty punishment mechanism [健全守信激励和失信惩戒机制]. This section has three subparts: (1) Strengthen incentives for trustworthy behavior, (2) Carry out dishonesty punishment in accordance with laws and regulations; and (3) Improve the unified credit repair system. The focus, as it has been especially since 2014 remain on notions of trust, trustworthiness and its performance within the larger projects of socialist modernization in economic and then social relations. That object has not changed.  But its expression and coordination with the project of building a rule of law state has modified the means toward its fulfillment, In a sense, one might think about this as a means of disciplining coders and analytics by alignment them more closely with the processes and forms of law. That still leaves open the sometimes vast spaces left to exercises of administrative discretion (to be taken up by generative A.I.?), But still, it represents a means of both coordination among objectives and a form of at least some sort of discipline in the process of moving from digitization, to digitalization of conduct and its consequences. (See, e.g., The Social Credit System and China’s Rule of Law).

(5) Improve the supervision and governance mechanism based on credit [健全以信用为基础的监管和治理机制]. It ought not to be surprising that this section is divided into six subsections: (1) Implement hierarchical and classified supervision based on credit evaluation; (2) Establish and improve the credit commitment system; (3) Promote the in-depth application of credit reports; (4) Strengthen the credit supervision of contract performance such as government signing and guiding the signing of contracts; (5) Promote credit empowerment of grassroots governance; and (6) Improve the laws, regulations and systems of the social credit system.  In a sense here is where the regulatory sausage is prepared. Administrative organs are assigned disciplinary, supervisory, and coordinating tasks. Some of the elements of smart cities are encountered, especially in the context of governmental systems of review and approval of credit based decision making. Perhaps of greater interest in this section is subpart (3):

Promote the in-depth application of credit reports. Promote the full use of credit reports in public management fields such as market access, administrative approval, government procurement, investment promotion, and qualification review. Vigorously promote the use of special credit reports to replace certificates of illegal and irregular records. Encourage the use of credit reports in market transactions such as bidding, financing and credit, and commercial transactions. [推进信用报告深度应用。推动在市场准入、行政审批、政府采购、招商引资、资质审核等公共管理领域充分使用信用报告。大力推行以专项信用报告替代有无违法违规记录的证明。鼓励在招标投标、融资授信、商业往来等市场交易活动中使用信用报告。].

 Read narrowly, of course, it suggests maximizing the value of credit reporting within the contours of socialist modernization goals.  Read more broadly, it suggests the greater use of credit scores--that is of the determination of a judgment about the aggregate factors that went into producing that score--on a host of interactions with the state. All of this, of course, is to be undertaken in accordance with law--a law that must (in the context of the fundamental dialectics between social credit and law systems) be adapted to social credit objectives to protect the integrity of both systems. "Promote the promulgation of the Social Credit Construction Law and promote the inclusion of credit rules in relevant special laws and regulations. Strengthen comprehensive evaluation before the promulgation of credit policies to prevent the generalization and abuse of credit management measures." [推动出台社会信用建设法,推动将信用规则纳入相关专项法律法规。加强信用政策出台前的综合评估,防止信用管理措施泛化滥用。].

(6) Improve the marketization and socialization level of the social credit system [提高社会信用体系市场化社会化水平] consists of four parts: (1) Vigorously cultivate the credit service market; (2) Deepen the promotion of credit financing and credit transactions; (3) Strengthen credit construction in the platform economy; and (4) Serve high-level opening up. This section suggests the role of private enterprises within the project of developing social credit.  It also reaffirms the reversal from the early stages where private enterprises were expected to lead; the sense now, a sense reflecting recent discussion of the relation between the private and state sectors in China (see习近平:民营经济发展前景广阔大有可为 民营企业和民营企业家大显身手正当其时 [Xi Jinping: The development prospects of the private economy are broad and promising. It is the right time for private enterprises and private entrepreneurs to show their talents] and the Maturing of the two unwaverings [两个毫不动摇] policy). This underscores a complementary and gap filling role for private enterprise under the direction of state organs charged with overall coordination. The section also suggests that the project of digitization and digitalization (the platform economy) remains a central objective under the 3rd Plenum's innovation driven approach to socialist modernization. It is also meant to align with the recent renewal of efforts to encourage foreign invest in China and project Chinese foreign investment abroad (see, Coordinating the Two (Dual) Circulation Economy: General Secretary Xi Meetings with Foreign Business and Commercial Officials).

(7) Strengthen organization and implementation [加强组织实施]. This section recognizes the state of administrative governance in China, and the fundamental division, at an operational level, between the Peoples Bank of China on the one hand, and the National Development and Reform Commission on the other.  It also recognizes as it must, the more daunting task of coordinating from the top the activities of lower level actions, regulations, etc. at the provincial and local levels.  Nothing new here, but the challenge (and likely points of coordination friction) are acknowledged. It will be for the core CPC leadership to sort that out as and to the extent it makes sense.

The text of 中共中央办公厅国务院办公厅关于健全社会信用体系的意见 [Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Improving the Social Credit System] follows below in the original Chinese and in a crude English translation. The text might also usefully be read with this from 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"]

 

Saturday, February 15, 2025

Shuyu Chu: The Infrastructure of Control: Rethinking Party Discipline in China’s Political-Legal System (European China Law Research Hub)

 

Pix credit here 

 

 The folks over at the European Chinese Law Research Hub (with thanks to Marianne von Blomberg, Editor ECLR Hub, Research Associate, Chair for Chinese Legal Culture, University of Cologne) have posted  a marvelous new short essay authored by Shuyu Chu (former China Law and Policy Fellow at Georgetown University (2021–2023)), The Infrastructure of Control: Rethinking Party Discipline in China’s Political-Legal System.

Von Blomberg sets the stage:

Drawing on unique access to internal Party materials, extensive empirical research, and an innovative application of Foucauldian theory, this groundbreaking study offers unprecedented insights into China’s disciplinary systems. It is now being developed into a book manuscript. She welcomes discussions with publishers interested in bringing this timely analysis to market. 

The research is described this way:

[It] examines a fundamental puzzle: why does the CCP persist with its opaque, Party-centered disciplinary approach despite widespread criticism? Drawing on Party regulations, news reports, propaganda TV programs, internal cadre training materials, Chinese and English scholarship, and interviews with Party disciplinary officials, I argue that the answer lies in understanding the dual nature of Party discipline (党纪). While commonly viewed as a regulatory system of rules and punishments, Party discipline also functions as what I call a “disciplinary infrastructure”, a Foucauldian framework, in that it simultaneously shapes Party members’ behavior and deters misconduct. This duality reveals that the CCP uses discipline not just as a control mechanism, but as an elaborate apparatus for producing political compliance. 
Shuyu Chu identifies four critical characteristics: (1) it shapes behavior; (2) it seeks to naturalize those behaviors in cadres; (3) it is maintained through the structures of power/knowledge frameworks; and (4) it functions as a comprehensive system of surveillance.  This Shuyu Chu explains helps "explain several paradoxes in the CCP’s approach to discipline. Consider the Party’s handling of official misconduct through internal disciplinary system." The analysis provides a quite interesting perspective on what is usually an ideologically grounded analytics. In that respect, the application of Foucault's insights are particularly relevant for the way they suggest two insights: The first is that Foucault helps bridge party discipline as an ideological expression and as a phenomenological closed system of experiential dialectics grounded in biopolitics. The second is that this biopolitics, and its expression in the Party's disciplinary systems can be transposed to any closed system of managing people through internalized self-referencing systems.  In this later case one might wonder about the insights that systems of Party discipline may, under a Foucaultian analytics, be useful in constructing disciplinary systems within operational units elsewhere. There is a link here, of course, to social credit mechanisms that will likely add depth to the analysis.  There is also a link  to notions of systemic autonomy and the critical role of what is now known as self-revolution. More interesting may be the way in which the biopolitics and governmentality of Party discipline may, in the face of technological advances, become a self-operating system without the need for a human apparatus of the kind currently in place. All of this suggests the likely richness of the analysis.

I am cross posting the essay below. The original ECLRH post may be accessed HERE. And as a plug for the marvelous work at the European Chinese Law Research Hub: if you have observations, analyses or pieces of research that are not publishable as a paper but should get out there, or want to spread event information, calls for papers or job openings, or have a paper forthcoming- do not hesitate to contact Marianne von Bloomberg.

 

Wednesday, July 24, 2024

Announcing Upcoming Publication of Special Issue--"Law and Social Credit in China: An Introduction ," The China Review, Vol. 24, No. 3 (2024, forthcoming)

 

Pix credit here ("Always trust and depend on the knowledge and strength of the masses"

 Björn Ahl (Institute of East Asian Studies, University of Cologne); Larry Catá Backer (The Pennsylvania State University (University Park); and Yongxi Chen (ANU College of Law) are delighted to announce the upcoming publication of a special issue of The China Review (Vol. 24, No. 3) which we have the honor to edit. It is entitled "Law and Social Credit in China: An Introduction."

We have distributed (through SSRN) the Introduction to the special issue (with great thanks to Bjorn Ahl for taking the leading role in its marvelous drafting). The Abstract to the Introduction provides a taste of the issue and its objectives:

Social credit is a mode of governance that spurs private actors, as well as state agencies, to base their decision-making regarding others on credibility assessments. It lays out a central-level framework for creating various mechanisms, ranging from commercial personal credit ratings to compliance assessments and blacklists run by regulatory agencies, with the aim of incentivizing certain behaviors. In addition to a range of commercial pilot projects, the Chinese party-state has also embraced the use of blacklists for trust-breakers and credibility-based regulation to enhance its governing capacity to tackle a wide range of societal problems. This special issue investigates the multifaceted relationship between law as a traditional form of regulation and social credit in China. Together and from differing perspectives, the special issue’s contributors argue that the SCS reflects changes in regulatory approaches that imply a fundamental transformation of how law is enforced, as well as a profound alteration of the forms and functions of law itself. In analyzing various subsystems or components of the SCS, the issue provides insight into the logic and rules underlying social credit assessments and explores their link to China’s political-legal normative framework. (Law and Social Credit in China: An Introduction)

 The earlier draft of some of the contributions may be accessed here, here, and here. Contributions include:

1. Marianne von Blomberg and Björn Ahl, Debating the Legality of Social Credit Measures in China: A Review of Chinese Legal Scholarship

2. Haixu Yu, The Evolving Complex of the Chinese Corporate Tax Credit System and Tax Law

3. Larry Catá Backer, Social Credit ‘in’ or ‘as’ the Cage of Regulation of Socialist Legality

4. Chun Peng, Building a High-trust Society: Lineage, Logic, and Limitations of China’s Social Credit System

5. Yongxi Chen, Disregarding Blameworthiness, Prioritizing Deterrence: Social Credit-based Punishment and the Erosion of Individual Autonomy

6. Keren Wang, Legal and Ritualological Dynamics of Personalized ‘Pillars of Shame’ in Chinese Social Credit System Construction

The draft Introduction, Alh, Backer and Chen, Law and Social Credit in China: An Introduction may be accessed here.

Saturday, July 13, 2024

Jeremy Daum: on the National Development and Reform Commission "2024-2025 Social Credit System Construction Action Plan" 《2024—2025年社会信用体系建设行动计划》] (20 May 2024).

 

Pix credit here

 In early June 2024, the National Development and Reform Commission (NDRC) [国家发展和改革委员会] released its "2024-2025 Social Credit System Construction Action Plan" [《2024—2025年社会信用体系建设行动计划》] (20 May 2024) for implementation.

Notice of the General Office of the National Development and Reform Commission on Issuing the "2024-2025 Social Credit System Construction Action Plan" NDRC Finance [2024] No. 451. The General Offices (Offices) of the member units of the Inter-ministerial Joint Conference on the Construction of a Social Credit System, the Development and Reform Commissions of all provinces, autonomous regions, municipalities directly under the central government, and the Xinjiang Production and Construction Corps, the Beijing Economic and Information Technology Bureau, the Hebei Provincial Government Service Office, the Jilin Provincial Government Service and Digital Construction Management Bureau, the Heilongjiang Provincial Business Environment Construction Supervision Bureau, the Hainan Provincial Business Environment Construction Department, and the Gansu Provincial Business Environment Construction Bureau: The "Action Plan for the Construction of a Social Credit System from 2024 to 2025" has been reviewed and approved by the Inter-ministerial Joint Conference on the Construction of a Social Credit System and is now issued to you. Please implement it conscientiously.
General Office of the National Development and Reform Commission May 20, 2024 

国家发展改革委办公厅关于印发《2024—2025年 社会信用体系建设行动计划》的通知 发改办财金〔2024〕451号. 社会信用体系建设部际联席会议成员单位办公厅(办公室),各省、自治区、直辖市、新疆生产建设兵团发展改革委,北京市经信局,河北省政务服务办,吉林省政务服务和数字化建设管理局,黑龙江省营商环境建设监督局,海南省营商环境建设厅,甘肃省营商环境建设局:《2024—2025年社会信用体系建设行动计划》已经社会信用体系建设部际联席会议审议通过,现印发给你们,请认真贯彻执行。
国家发展改革委办公厅 2024年5月20日 (link here)

The Action Plan follows below in the original Chinese. The Folks over at the China Law Translate Website have prepared an excellent translation that may be accessed HERE.  

Jeremy Daum, a Senior Fellow of the Yale Law School Paul Tsai China Center, based in Beijing, with over a decade of experience working in China on collaborative legal reform projects, has prepared a quite useful and insightful analysis of the Action Plan: Social Credit Action in 2025. Daum treats Chinese social credit as divided into three distinct parts: "I have generally thought of social credit as three largely distinct systems forced under the same conceptual umbrella: (1) The PBOC financial reporting system 征信, (2) The NDRC and regulatory departments’ credit regulation system (信用监管), and (3) Creditworthiness or Integrity (诚信) propaganda campaigns.

Daum notes the narrowing of the application of Social credit notions as applied to individuals. For individuals there appears to be an effort to walk back the broadest interpretation of the 2014 State Council social credit planning outline.  Now more deeply embedded within the apparatus and the sensibilities of the People's Bank of China (PBOC) the focus has moved away from more comprehensive measures to a more financial risk based system for individuals. That, in turn, is also deeply embedded in the legislation touching on State secrets, data protection and the like. The notion of credit worthiness, then, has become much more closely connected to financial creditworthiness (or trust worthiness). Daum also reminds us that credit regulations are within the authority of the (PBOC and not the NCRC; as a result of which there is not much focus on those structures and their relation to social credit.  Daum, however, notes that the integrity campaigns do leak into the financial credit focus of the PBOC system ("It is likely that information on creditworthiness and compliance would only be available as a discretionary reference in lending (and likely ignored if not useful at predicting loan risk), but I would prefer to keep these areas distinct").  In this later respect, I would tend to see things differently--giving greater emphasis to integrity objectives and the political/guidance role of trust systems (see here, here, here).

On the other hand a more comprehensive social trust based apparatus appears to be encouraged. Daum suggests that that so-called corporate social credit system now "generally means subjecting businesses or other organizations to differing levels of government scrutiny for inspections and government approvals, based on their history of legal compliance. (Social Credit Action in 2025). But again issues of jurisdiction leaves a critical gap. In this case it touches on the judgment defaulter lists ("The courts’ judgment defaulter list is a unique blacklist that includes persons or entities that have a valid legal judgment against them and the capacity to satisfy that judgment, but refuse to do so." (Ibid.). But again NDRC does not have authority over this program. 

What appears to continue to have emerged as a critical objective center on the platformatization of social credit features that are encouraged by its institutional "managers." One aspect of this touches on the harvesting and organization of collectable data (identified and lawfully extracted). The Action Plan focuses on this technical but critical issue. 

Several online platforms are core components of the social credit system. These include the public-facing Credit China website – the primary hub for credit news and public inquiries into credit information and the National Enterprise Credit Information Publicity System which displays Public Credit Information such as licenses and administration punishment in the market regulation sector. The plan calls for increasing the use and authoritativeness of these platforms by better consolidation, integrating local and central government information and improving information security. (Social Credit Action in 2025).

The limits of jurisdiction and the division of authority, of course, makes coordination more challenging, and with it the construction and operation of coordinating platforms--whether inward or outward facing. 

Lastly, Daum correctly notes the emphasis on the finalization of the mch anticipated draft Law on the Establishment of the Social Credit System, "which will become the highest level Social Credit authority if adopted. The draft was criticized, however, for being unfocused and unwieldy, and contributing little to unifying the application of social credit (Ibid.). Daum believes that the "Action Plan calls for accelerating the passage of this law in its first item (1), but, reading between the lines, it doesn’t seem like the NDRC anticipates that happening too quickly." (Ibid.). The NDRC, then, appears to be seeking to fuill in while the draft Law continues to be developed. That presents both an opportunity for NDRC and a risk should it misjudge the final form of the Social Credit Law.  

All of this brings one back to two essential takeaways.

1.  The tensions between jurisdictional silos and comprehensive coordination. This has been a recurring issue within the Chinese administrative apparatus. And it sometimes takes a toll on the ability of that apparatus to effectively realize the policy directives  of the political vanguard. The PBOC has been particularly aggressive--no not unusually so--in the protection and extension of its reach.  This has been especially e case since the Jack Ma scandal of several years ago triggered by his Shanghai Bund Speech but that was only a trigger masking an important jurisdictional as well as ideological fight over the role of regulation and its sources. But the issue also touches on the judiciary. That also has substantial operational controls over aspects of social credit nudging modalities. These are fissures that are nlilely to be "fixed" anytime soon and it will produce a multiplicity of social credit (effectively) even as social credit becomes officially more narrowly defined--ad controlled. It is in this sense that the Social Credit Law may be quite interesting.

2. The focus on corporate social credit in the Acton Plan and its necessary connection with the critical policy of high or new quality development (“新质生产力”). High Quality development has been increasingly understood as a critical element of an important aspects of the application of New Era theory in the context of the management and deployment of productive forces (New Quality Development Theory: Snippets From Speeches and Writings of the General Secretary of the Chinese Communist Party: 习近平:开创我国高质量发展新局面 (Xi Jinping: Create a new situation for high-quality development in China)).  That, in turn, suggests both the increased focus on social credit within enterprises, but also, potentially a broader reach. That broadening may be a function of the extension of the notion of productive forces to include social and cultural, as well as political forces, perhaps including the Chinese Communist Party itself--and its disciplinary apparatus (The Party as a State Asset and “新质生产力” (New Quality Productivity):《中国共产党纪律处分条例》 ["Regulations on Disciplinary Actions of the Communist Party of China"]).  And it extends internationally as well (CPE Working Group on Empire: Part 1--Observations on Xi Jinping, Speech Delivered at the G20 Leaders' Summit on the World Economic Situation and Trade Issues--"Work Together to Create a High Quality World Economy" [习近平在二十国集团领导人峰会上关于世界经济形势和贸易问题的讲话(全文)携手共进,合力打造高质量世界经济]).

 The original text of the Action Plan follows. The English translation may be accessed HERE.