Research on the legalization of Social Credit System

Abstract

The relevant creative legislation for the construction of China's Social Credit System is being continuously promulgated and implemented. However, due to the lack of guidance from higher-level laws such as the Constitution and specialized laws, the social credit legal system is facing a dilemma of structural defects. As a means of governance, social credit-related policies and local legislation include too much morally adjusted behavior into the scope of legal adjustment, leading to excessive pursuit of effectiveness of governance results in practice, while ignoring the punishment of dishonesty legitimacy. Based on this, the rule of law of the Social Credit System should create special laws that “incorporate morality into the law” to improve the social credit legal system, and face up to the limitations of social credit as institutional credit, strengthen the legal constraints of Social Credit System construction, and realize “Formal rule of law” and “substantive rule of law”.