Author Archives: Flora Sapio

National Food and Drug Administration Explanation of the Guiding Principles on Technical Inspection of the Cybersecurity of Networked Medical Devices

为贯彻落实国家对网络安全的要求,加强医疗器械产品注册工作的监督和指导,保障医疗器械产品的网络安全,国家食品药品监管总局制定颁布了《医疗器械网络安全注册技术审查指导原则》(以下简称《指导原则》)。该《指导原则》于2018年1月1日起施行。

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Shanghai Municipality Detailed Rules on Credit Requirements for Household Purchasing New Energy Vehicles

上海新能源车买家信用要求相关细则


根据《上海市鼓励购买和使用新能源汽车暂行办法(2016)年修订》(沪府办发[2016]7号)(以下简称“暂行办法”)相关规定,为进一步做好新能源汽车消费者信用核查工作,有效发挥公共信用信息查询应用对新能源车市场发展的促进作用,引导广大消费者主体关注、珍视自身信用记录,上海市新能源汽车推进领导小组办公室(以下简称市推进办)和上海市征信管理办公室(以下简称市征信办)联合通知如下:

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Anhui CPC Committee, Anhui Province Implementing Opinion on Accelerating the Construction of a Monitoring. Warning and Punishment Mechanism for Persons Subject to Enforcement for Breaching Trust

中共安徽省委办公厅 安徽省人民政府办公厅印发《关于加快推进失信被执行人信用监督、警示和惩戒机制建设的实施意见》    2017年5月21日 为贯彻落实 《中共中央办公厅、国务院办公厅印发〈关于加快推进失信被执行人信用监督、警示和惩戒机制建设的意见〉的通知》精神,构建全省失信被执行人信用监督、警示和惩戒机制,加快推进社会信用体系建设,现提出如下实施意见。 一、总体要求 (一)指导思想 全面贯彻落实党的十八大和十八届三中、四中、五中、六中全会精神,深入学习贯彻习近平总书记系列重要讲话精神和治国理政新理念新思想新战略,持续学习贯彻习近平总书记视察安徽重要讲话精神,紧紧围绕统筹推进“五位一体”总体布局和协调推进“四个全面”战略布局,牢固树立新发展理念,坚持依法依规、信息共享、联合惩戒、政府主导与社会联动的基本原则,按照培育和践行社会主义核心价值观、推进信用信息共享、健全激励惩戒机制、提高全社会诚信水平的有关要求,进一步提高人民法院执行工作能力,加快推进失信被执行人跨部门协同监管和联合惩戒机制建设,构建一处失信、处处受限的信用监督、警示和惩戒工作体制机制,维护司法权威,提高司法公信力,营造向上向善、诚信互助的社会风尚。 (二)建设目标 到2018年,全省各级人民法院执行工作能力显著增强,执行联动体制便捷、顺畅、高效运行。失信被执行人名单制度更加科学、完善,失信被执行人信息管理、推送、公开、屏蔽、撤销等合法高效、准确及时。失信被执行人信息与各类信用信息互联共享,以联合惩戒为核心的失信被执行人信用监督、警示和惩戒机制高效运行。有效促进被执行人自觉履行人民法院生效裁判确定的义务,执行难问题基本解决,司法公信力大幅提升,诚实守信成为全社会共同的价值追求和行为准则,“法治安徽”“信用安徽”建设迈上新台阶。 二、实施联合惩戒 省高级人民法院及时准确更新失信被执行人名单信息,通过全省法院失信被执行人名单数据库,实时推送至省公共信用信息共享服务平台。 2017年9月底前,各地各有关部门按照加强失信被执行人联合惩戒的要求,结合权责清单和负面清单,制定联合惩戒实施细则,确定责任单位和责任人,明确实施时间表、路线图;利用或改造提升现有信息系统,与省公共信用信息共享服务平台实现网络对接,通过信息技术手段自动获取失信被执行人名单信息,同时将名单信息嵌入单位管理、审批、工作系统,实现自动比对、提醒、拦截、监督和惩戒,并及时反馈惩戒情况。依托省公共信用信息共享服务平台,建立完善全省失信被执行人联合惩戒信用信息管理系统,实现发起响应、信息推送、执行反馈、信用修复、异议处理等动态协同功能。 (一)从事特定行业或项目限制 1.设立金融类公司限制。将失信被执行人相关信息作为设立银行业金融机构及其分支机构,以及参股、收购银行业金融机构审批的审慎性参考,作为设立证券公司分支机构审批的审慎性参考。限制失信被执行人设立融资性担保公司、保险公司分支机构和保险中介机构、小额贷款公司。 2.发行债券限制。限制失信被执行人公开发行企业债券。 3.股权激励限制。失信被执行人为境内国有控股上市公司的,协助中止其股权激励计划;对失信被执行人为境内国有控股上市公司股权激励对象的,协助终止其行权资格。 4.股票发行或挂牌转让限制。将失信被执行人信息作为股票发行和在全国中小企业股份转让系统、省区域性股权交易市场挂牌公开转让股票审核的参考。 5.设立社会组织限制。将失信被执行人信息作为发起设立社会组织审批登记的参考,限制失信被执行人发起设立社会组织。 6.参与政府投资项目或主要使用财政性资金项目限制。协助人民法院查询政府采购项目信息;依法限制失信被执行人作为供应商参加政府采购活动;依法限制失信被执行人参与政府投资项目或主要使用财政性资金项目。 (二)政府支持或补贴限制 1.获取政府补贴限制。限制失信被执行人申请政府补贴资金和社会保障资金支持。 2.获得政策支持限制。在审批投资、进出口、科技等政策支持的申请时,查询相关机构及其法定代表人、实际控制人、董事、监事、高级管理人员是否为失信被执行人,作为其享受该政策的审慎性参考。 (三)任职资格限制 1.担任国企高管限制。失信被执行人为个人的,限制其担任国有独资公司、国有资本控股公司董事、监事、高级管理人员,以及国有资本参股公司国有股权方派出或推荐的董事、监事、高级管理人员;已担任相关职务的,按照有关程序依法免去其职务。 2.担任事业单位法定代表人限制。失信被执行人为个人的,限制其登记为事业单位法定代表人。 3.担任金融机构高管限制。限制失信被执行人担任银行业金融机构、保险中介机构、融资性担保公司、小额贷款公司的董事、监事、高级管理人员,以及银行业金融机构、证券公司分支机构、保险公司分支机构负责人。 4.担任社会组织负责人限制。失信被执行人为个人的,限制其登记或备案为社会组织负责人。 5.招录(聘)为公务人员限制。限制招录(聘)失信被执行人为公务员或事业单位工作人员,在职公务员或事业单位工作人员被确定为失信被执行人的,失信情况应作为其评先、评优、晋职晋级的参考。 6.入党或党员的特别限制。将严格遵守法律、履行生效法律文书确定义务的情况,作为申请加入中国共产党、预备党员转为正式党员以及党员评先、评优、晋职晋级的重要参考。 7.担任党代表、人大代表和政协委员限制。失信被执行人为个人的,不作为组织推荐的各级党代会代表、各级人大代表和政协委员候选人。 8.入伍服役限制。失信被执行人为个人的,将其失信情况作为入伍服役和现役、预备役军官评先、评优、晋职晋级的重要参考。 (四)准入资格限制 1.海关认证限制。限制失信被执行人成为海关认证企业;在失信被执行人办理通关业务时,实施严密监管,加强单证审核或布控查验。 2.从事药品、食品等行业限制。对失信被执行人从事药品、食品安全行业从严审批;限制失信被执行人从事危险化学品生产经营储存、烟花爆竹生产经营、矿山生产和安全评价、认证、检测、检验等行业;限制失信被执行人担任上述行业单位法定代表人、主要负责人及董事、监事、高级管理人员,已担任相关职务的,按规定程序要求予以变更。 3.参与公共资源交易活动限制。限制失信被执行人参与投标、招标代理、评标和招标从业活动。 4.房地产、建筑企业资质限制。将房地产、建筑企业不依法履行生效法律文书确定的义务情况,记入房地产和建筑市场信用档案,向社会披露有关信息,对其企业资质作出限制。 (五)荣誉和授信限制 1.授予文明城市、文明村镇、文明单位、文明家庭、文明校园、道德模范、安徽好人、慈善类奖项限制。将履行人民法院生效裁判情况作为评选文明村镇、文明单位、文明家庭、文明校园的前置条件,作为文明城市测评的指标内容。有关机构及其法定代表人、实际控制人、董事、监事、高级管理人员为失信被执行人的,不得参加文明单位、慈善类奖项评选,列入失信被执行人后取得的文明单位荣誉称号、慈善类奖项予以撤销。失信被执行人为个人的,不得参加道德模范、安徽好人、慈善类奖项评选,列入失信被执行人后获得的道德模范荣誉称号、安徽好人、慈善类奖项予以撤销。 2.律师和律师事务所荣誉限制。协助人民法院查询失信被执行人的律师身份信息、律师事务所登记信息;失信被执行人为律师、律师事务所的,在一定期限内限制其参与评先、评优。 3.建筑领域评比达标表彰限制。有关机构及其法定代表人、实际控制人、董事、监事、高级管理人员为失信被执行人的,取消参加评优评先资格,不得参与住房城乡建设领域各类评比达标表彰项目。列入失信被执行人名单后获得相关称号、奖项的,要依照有关规定予以处理。 4.授信限制。银行业金融机构在融资授信时要查询拟授信对象及其法定代表人、主要负责人、实际控制人、董事、监事、高级管理人员是否为失信被执行人,对拟授信对象为失信被执行人的,要从严审核。 (六)特殊市场交易限制 1.从事不动产交易、国有资产交易限制。协助人民法院查询不动产登记情况,限制失信被执行人及失信被执行人的法定代表人、主要负责人、实际控制人、影响债务履行的直接责任人员购买或取得房产、土地使用权等不动产;限制失信被执行人从事土地、矿产等不动产资源开发利用,参与国有企业资产、国家资产等国有产权交易。 2.使用国有林地限制。限制失信被执行人申报使用国有林地项目;限制其申报重点林业建设项目。 3.使用草原限制。限制失信被执行人申报草原征占用项目;限制其申报承担国家草原保护建设项目。 4.其他国有自然资源利用限制。限制失信被执行人申报水流、山岭、荒地、滩涂等国有自然资源利用项目,以及重点自然资源保护建设项目。 (七)限制高消费及有关消费 1.乘坐火车、飞机限制。限制失信被执行人及失信被执行人的法定代表人、主要负责人、实际控制人、影响债务履行的直接责任人员,乘坐列车软卧、G字头动车组列车全部座位、其他动车组列车一等以上座位、民航飞机等非生活和工作必需的消费行为。 2.住宿宾馆饭店限制。限制失信被执行人及失信被执行人的法定代表人、主要负责人、实际控制人、影响债务履行的直接责任人员,住宿星级以上宾馆饭店、国家一级以上酒店及其他高消费住宿场所。 3.高消费娱乐限制。限制失信被执行人及失信被执行人的法定代表人、主要负责人、实际控制人、影响债务履行的直接责任人员,在高消费娱乐场所、高尔夫球场等高消费场所消费。 4.高消费旅游限制。限制失信被执行人及失信被执行人的法定代表人、主要负责人、实际控制人、影响债务履行的直接责任人员,参加旅行社组织的团队出境旅游,以及享受旅行社提供的与出境旅游相关的其他服务;对失信被执行人在获得旅游等级评定的度假区内或旅游企业内消费实行限额控制。 5.医疗特需服务限制。限制失信被执行人及失信被执行人的法定代表人、主要负责人、实际控制人、影响债务履行的直接责任人员,享受医疗特需服务。 6.支付子女就读高收费学校限制。限制失信被执行人及失信被执行人的法定代表人、主要负责人、实际控制人、影响债务履行的直接责任人员,以其财产支付子女入学就读高收费私立学校。…

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A Timeline of China’s Social Credit System

In what senses can social credit be understood? As explained here, social credit can be understood in two different senses. 
 

It is a “new mode of governance that recombines law and governance, and the public and private spheres in new and hybrid ways that will likely transform the structures and principles on which legal, governance, and societal regulatory systems are now understood and through which they acquire their legitimacy”.

But, it is also a “specific project of the Chinese state to create a comprehensive legal and regulatory mechanism.” 

 
The timeline below presents a short history of the project launched by the Chinese state to integrate diverse regulatory systems under the aegis of state-driven regulation.

Yancheng Municipality Temporary Measures on Managing Credit Service Institutions (For Trial Implementation)

江苏省盐城市信用服务机构管理暂行办法(试行)

 

第一章 总则

第一条 为加快推进盐城市社会信用体系建设,培育发展和规范信用服务机构,促进信用服务行业的健康发展,根据国务院《征信业管理条例》、《中国人民银行关于推进信贷市场信用评级管理方式改革的通知》、《江苏省信用服务机构备案办法(试行)》、《盐城市在行政管理中使用信用信息和信用产品实施办法(试行)》和有关法律、法规等规定,结合本市实际,制定本办法。

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Social Credit in China and in The West: Where’s The Difference?

Social Credit in China and in The West: Where’s The Difference?

Thoughts on ‘Monitoring, Assessment, and Reward’ 

Convex Bagua (Eight Trigrams) Mirror 


In 2012, a few years before the words ‘China’s social credit system’ became a staple of the media discourse on China, I authored an academic article (in this book) where I traced the origins of China’s monitoring and governance techniques, explaining why none of the techniques adopted as part of the efforts to construct a social credit system is really new. 

During a presentation delivered at a workshop held in Shanghai on June 8, 2017 (slides available here), Larry Catà Backer made a very similar argument. Therefore, in this post I present some further thoughts on whether the social credit system is unique to China, and social credit systems operate in the West. 
It is not by chance that these questions were the first questions to be addressed by the presentation. 

The reason why I am commenting upon them depends on the fact that these are the only two questions about China’s social credit system to which an immediate answer can be provided. The question as what value the social credit system has for Chinese or Western society, as well as other questions asked during the presentation, are in my opinion open for debate. The direction such a debate will take, as well as the findings the debate will generate are, in a sense, predictible.

The Uniqueness and Ordinariness of Social Credit in China

As debate on social credit in China is starting, it is already possible to answer both these questions in the affirmative: yes, the social credit system is unique to China but, social credit systems operate in the West too. But…isn’t there a logical contradiction between the first and the second proposition? Well, classical logic books are not the real world after all, and the social credit system is dense with complexities we are just beginning to understand. Trust me, there is no contradiction.


The social credit system is unique to China… 

The uniqueness of social credit is not in the fact social credit is a policy of the Chinese Communist Party. The peculiarity of the system lies in its structure, not in its ideology. Each one of the governmental elements of social credit has been operating in Western countries at least since the 1970s, if not before. Each one of these elements has become a normal part of how government and public administration function, how private enterprises operate on markets, how judicial organs decide the cases brought before them. They are a normal part of our everyday lives as well. So familiar have they become to us, as to escape notice. 
However, when we observe these very same elements in a Chinese context, we are struck by their ‘uniqueness’, their efficiency, their pervasiveness. China’s credit system efficiency and pervasiveness are a function of China’s capability to integrate each one of the various components of social credit in a way Western countries are still incapable of. China’s capability eventually stems from features of its bureaucratic apparatus, from the softening of the public-private divide in the sphere of governance, from the acceptance of market mechanisms, and a will to ensure their smooth operation. 
…but social credit systems operate in the West too. 

Social credit is nothing else than a form of hybrid, private-public governance. There is nothing really new in public administration borrowing governance techniques from private companies, and using these to rule the population of Western countries. After all, this is what public-private partnerships and new governance are about. These topics are the staples of public administration studies, management, and more. 
As I have explained elsewhere, when China started its modernization drive in 1978, it abandoned earlier governance approaches created in the Soviet Union, to embrace all those governance techniques created in the West. Generally speaking, Western governance techniques were thought to be more effective in developing the economy, and in governing the population through softer, indirect means. As Western governance techniques were adopted by China, they were however adapted to China’s political, economic, governmental, and societal context, until they gradually morphed into an entity of its own. 


A Variant of Modern, Post-1970s Governance 
Because of this reason, China’s social credit system should be considered a variant of a wider governance system, which is based on the blurring of all distinctions between the ‘public’ and ‘private’ sphere. True, in Western countries we may not use the ‘honest’ app to check information about our neighbours but, who can in full honesty say to have never had a peek at the Twitter or Facebook profile of a potential tenant or employee? This simple, ordinary act, involves private citizens performing checks which – in China – are a prerogative of the state. 
So while the subjects who perform checks may vary, in different contexts the same information is harvested and analyzed in similar ways to reach conclusions about your reputation and mine. 

Both systems are premised on values – yes, values such a honesty, credibility, the ability to maintain one’s promises. But, while in the West these values are promoted either by one’s embracing of a religious confession or as a result of following an individual ethical system, in China they are promoted by the state. 

Both systems are not without challenges: what makes you honest in your friend’s eyes may make you dishonest in the eyes of your enemy. A conduct which may be entirely normal in the Mediterranean, such as keeping the blinds shut during a very hot sunny day, might be seen as a marker of suspicion in countries with shorter daylight hours. The degree of pigmentation of a person’s skin may lead to the making of unproven assumptions about that person’s morality, honesty, work ethics and so on.
These challenges, however, lie not in the blurring of the lines between ‘public’ and ‘private’.
A neat, rigid division between public and private sector may exist more in the world of legal forms and categories, than in the reality of new governance, as this technique emerged in Europe more or less forty years ago. What makes China different from the West is that, in China, the very pretense of such a division is collapsing. Perhaps, the division many of us are familiar with, in China existed only in the eyes of beholders.
In China, a contiguity between Party, state, public, private, NGOs, society is seen as the norm, and it is openly acknowledged. Holism is not just a perspective in ancient Chinese cosmology – it is very much a feature active in the most different organizational contexts and circumstances. 

How this feature will shape China’s approaches to social credit remains to be seen.

Text and pictures © Flora Sapio 2017

From China to Facebook

This post presents an abridged translation of an article appeared on the June 19 issue of the Italian magazine ‘Pagina 99.’ Speakers and readers or romance languages may access the full text of the article at this link.

Readers of this blog can find an integral transcript of the interviews given by Larry Catà Backer and Zhu Shaoming here and here. Flora Sapio spoke to Cecilia Attanasio Ghezzi by phone, therefore an interview transcript is not available.  


From China to Facebook
Cecilia Attanasio Ghezzi and Gennari Santori



Take a picture of your face and upload it to a mobile app managed by your city’s government. Tap in your ID card number and, if you live in Shanghai, within 24 hours you will receive all of the information the government has about you. If you have been a good boy and you have your papers in order, you will be rewarded. Your reward may be a discount coupon on your next flight back home, or free access to an exclusive arline lounge. But, what happens if you have been bad? We don’t yet know.


In all likelihood, a year from now you may aim your smartphone at your neighbour and know all about her. For now, there is only so much information you local government can lawfully disclose. (…) But, you can already obtain plenty of information on your favorite restaurant’s food hygiene standards…

Local governments all across China are competing to meet the objective Beijing has set for 2020: the construction of a social credit system to oversee the conduct of all legal and physical persons who live or operate in the People’s Republic. We know what you’re thinking. China is different. And also far from Italy. But the truth is, should they agree to comply with the will that drives the social credit system, all the various ‘Apples’, ‘Googles’ and ‘Facebooks’ would find a goldmine.

An Ambitious Experiment in Social Management


As a matter of fact, China’s experiment is the most ambitious governance experiment in the world which, according to China’s Five-Year Plan, will involve almost one billion and a half people within three years. As Pennsylvania State University’s Professor Larry Catà Backer points out: 


Life in the Age of Algorithms

(…) in the meantime, e-commerce Giant Ali Baba has launched Zhima xinyong fen, also known as ‘Sesame Credit’, a complex system of interlocking algorithms which traces internet users’ consumption choices and computes their lender’s score. Their score, however, is not calculated on the basis of how much money they spend online, but also on the basis of what they purchase and how their ‘virtual friends’ behave. 


The system was born in response to a concrete need: attempting to find a way in a fast growing market. In China, bank loans, mortgages, online payments and credit cards have been growing exponentially. Today more than 30 per cent of Chinese citizens has a credit card, twice as much as only five years go. 

At the beginning of 2015, China’s central bank gave eight companies an authorization to run pilot projects to evaluate citizens. The stated goas was creating a nation-wide system by 2020, to evaluate not only lenders’ scores, but also judge citizens through their online behavior. The system should ‘raise the levels of mental honesty and credibility of an entire society’ – this is true also for companies which will have to regulate themselves to comply with the governments’ dictates. 


According to Flora Sapio, who is exploring this theme and its broader implications,

“It is still too early to know what shape the social credit system will eventually take. If correctly applied, the system will contribute to a better functioning of markets, by placing a check on unlawful conducts by citizens and enterprises.” 


Zhu Shaoming, the chairman of the Foundation for Law and International Affairs, added that: 

“Once the new model of social credit is well accepted, it might in turn affect business models throughout the rest of the world”. Because of this reason, “It is very important to establish how the data will be managed, applied, and protected. It is also important to leave space for private rights that are not monitored. “

 © Flora Sapio 2017

Scenarios of China’s Social Credit System

In the week of June 1, the Italian magazine Pagina 99 conducted interviews on China’s social credit systems with Larry Catà Backer, Zhu Shaoming, and Flora Sapio, as part of the research on an article on China’s Social Credit System. The article, entitled ‘From China To Facebook’, was published in the June 16 issue of the magazine. 

This is the first in-depth press report on social credit to appear on the Italian press. 

Its authors – Cecilia Attanasio Ghezzi and Gennari Santori – hold MA degrees in Chinese Language and Archaeology, and they have lived and worked in Beijing. This post presents the full text transcript of Zhu Shaoming’s interview. 

An integral transcript of the interview Larry Catà Backer gave to Pagina 99 is available at Law at the End of the DayFlora Sapio conducted the interview with Cecilia Attanasio Ghezzi by phone. 

An English translation of the article will soon be published on this website. The integral transcript of Zhu Shaoming’s interview follows.






1. When did you start to focus on china social credit (and why)

I started to focus on China social credit in March 2017, when the National People’s Congress was held in Beijing. Several congressmen proposed the law drafts related to the social credit matters. I study the jurisprudence of legislation and care about the conceptual and theoretical issues — What does social credit mean, what is professional ability on a certain matter or personal integrity? Does transparency create motivation or suppress economic power? 
The social credit system in China is now a major research project in our organization, the Foundation for Law and International Affairs. Credit rating systems have been very well developed in the US and the EU. We would like to understand their different features and the reasons that gave rise to the features, and compare the situation in China. The nature of the topic clearly indicates that it will influence individuals, enterprises, and the whole legal system. Right now is a critical phase of developing legislation on the social credit system in China. 


2. Did you study the Honest Shanghai app case? Can you comment on this? 

I am not sure what you mean by “Honest Shanghai App Case.” I know this app; it is promoted by the Shanghai Municipal Commission of Economy and Information. This app does provide general credibility information about individuals and enterprises. In addition to this app, there are many other ways to find the credibility information through sites and apps of the Industrial and Commercial Bureaus and banks. These sites and apps offer convenient access to others’ credibility information free of charge.


3. There are more than 30 government projects on this topic. All are different. Can you explain to us which are best and the worst (and why) 

I think it is very difficult to conclude which are best and which are worst. But I do believe that the advancement of integrity in government affairs and judicial credibility are the most important. The credibility of governmental organizations and judiciaries will decide the climate to a significant extent. The most controversial aspect is its collective effect when the projects cover so many topic and matters. It is very important to establish how the data will be managed, applied, and protected. I think it is also important to leave space for private rights that are not monitored. 


4. How important is for the Chinese government the 2020 deadline 

According to the “State Council Notice Concerning Issuance of the Planning Outline for the Establishment of a Social Credit System (2014-2020)”, by 2020 it is critical to establish the fundamental legal system for social credit as well a credit investigation system that covers the entire society with credit information and resource, a credit supervision and management system, a credit service market system, and rewarding and publishing mechanisms. That means 2020 should be the anticipated time when the society will be running in a relatively transparent and predictable platform. In other words, 2020 will open a new area of China’s legal system and societal power. 2020 is also the year when a government under rule of law which has scientific functions, law-defined powers and responsibilities, which enforces the law strictly and impartially and which is open, fair, honest and efficient, law-abiding and creditable should be established (according to the “Implementation Outline for Building a Government Ruled by Law (2015-2020)). In addition, 2020 is the established year when a moderately prosperous society should be completely built. That is to say, 2020 is a critical time for the Chinese legal system and societal development. A relatively completed social credit system requires the integrity of government affairs. The integrity of government affairs is connected with a government ruled by law. A relatively completed social credit system will be an important component leading to a moderately prosperous society. Therefore, the 2020 deadline is very important for the Chinese government. 


5. Best and worst scenario 

The best scenario is all of the above goals are reached. The social system starts to play the role in all aspects of Chinese society. China opens a new era of its legal system. The economic and societal environment starts a virtuous circle. The worst scenario is that by 2020 new laws and regulations are enacted but require many revisions to other current laws and regulations. It might cause conflicts between different laws and legal documents with different levels of authority within the legal hierarchy. 


6. Is this experiment going to influence the rest of the world? How? 

The most direct influence to the global community is that foreign investors will need to create their credibility profile in China. This suggests that there will be more stringent frameworks and rules that foreign investors and enterprises have to follow in China. This will, of course, have some impact on their business models. Once the new model of social credit is well accepted, it might in turn affect business models throughout the rest of the world. On the other hand, I think our attention to this topic, and the attention of other scholars and practitioners in Western countries, is proof that this experiment is already influencing the rest of the world. In That said, how exactly it will influence the global community in the long-term remains to be seen. 


7. Do you want to point out some other topic related to the matter? 

FLIA is co-hosting a conference on China’s social credit system together with Shanghai Jiaotong University Koguan School of Law, East China University of Political Science and Law’s School of Economic Law, and Tencent Holdings Limited. The following topics will be discussed are all very much related to the matter: 

1. The legal structure and content of the social credit system, its drafting history, and its provisions;
2. The theoretical and conceptual issues of the social credit system and how it fits with the basic line;
3. The technical issues of the social credit system, including the collection and application of data, the rating system, etc.;
4. The Institutional issues of the social credit system and the roles of government and other stakeholders, and the protection of personal information;
5. The social credit system in a global context and as a current trend in China; and
6. The implementation of regulations on the social credit system and how it fits within the rules system in Shanghai. 

In addition, many other important questions are worth considering: How should China deal with the relationship between the social credit system and the administrative penalty system? How are big data transactions conducted in the EU and the US? How should China conduct big data transactions and how to protect the data?



About Zhu Shaoming

Shaoming Zhu is the Founder and President of FLIA

She is an SJD candidate at the Pennsylvania State University. She received her Bachelor of Laws and Master of Laws in China. Her publications, including books, articles, blogs, and funded research projects focus on jurisprudence, comparative law, private international law, NGOs and global governance, Chinese legislation on social and economic development, and other related topics. 

Shaoming Zhu has been granted more than 40 awards for her academic and social work.

Anhui Province Wuhu Municipality Notice on the Joint Punishment of Breaches of Trust in Some Major Areas

安徽省芜湖市关于在部分重点领域实施失信行为联合惩戒的通知

 

安徽省芜湖市各县、区人民政府,省江北产业集中区、经济技术开发区、长江大桥开发区、高新技术产业开发区管委会,市政府各部门和直属单位,驻芜各单位:

根据《国务院关于印发社会信用体系建设规划纲要(2014—2020年)的通知》(国发〔2014〕21号)和《失信企业协同监管和联合惩戒合作备忘录》(发改财金〔2015〕2045号)、《关于对失信被执行人实施联合惩戒的合作备忘录》(发改财金〔2016〕141号)文件精神

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