Be "hacked" whenever there is a fault?
It’s time for the “blacklist” generalization trend to stop
"The construction of my country's social credibility system, from'nothing' to'existence', has a process that needs to be continuously summarized, standardized and improved." At the two sessions of the country, Li Zhengguo, member of the National Committee of the Chinese People's Political Consultative Conference and director of Sichuan Henghexin Law Firm Submitted a proposal on regulating the "blacklist" system for untrustworthy.
In his view, the generalized use of the "blacklist" in recent years must be corrected.
In 2014, the "Government Work Report" mentioned the "blacklist" system for the first time.
In the following years, the blacklist system of my country's people's courts, financial institutions, railways, and civil aviation systems played an active role in punishing "old people", debtors and other seriously dishonest persons.
However, in the process of handling the case and investigating, Commissioner Li Zhengguo discovered that in some places, the "blacklist" was being mistakenly used as an "omnipotent" tool.
In 2019, a teacher in Rizhao, Shandong Province was included in the credit "blacklist" by the county's education and sports bureau for beating truant students with textbooks.
"This incident has aroused social concern and has once again triggered public thinking about the'blacklist' system." Committee member Li Zhengguo said that the "blacklist" system is mostly joint disciplinary measures, which means that "one dishonesty is restricted everywhere." "Only dishonest behaviors that reach a serious degree should be punished." Similar abuses include that citizens who owe mobile phone bills and utility bills are considered dishonest behaviors.
"No one is perfect." In the view of Committee Member Li Zhengguo, arbitrary restrictions on individual rights so that they cannot actively participate in social activities due to not serious faults are not only not helpful to the construction of a trustworthy society, but may be counterproductive. .
"It is very necessary to draw a red line and provide guidelines for behavior, but our society should also tolerate warmth, and not be too harsh and indifferent, otherwise, too much is too late."
One important reason for the "blacklist" everywhere is that the system is not yet available to follow.
According to my country's "Legislative Law", the deprivation of citizens' political rights and compulsory measures and penalties that restrict personal freedom can only be enacted by laws. Therefore, member Li Zhengguo suggested that relevant higher-level laws should be formulated as soon as possible to standardize the "blacklist" system.
"First of all, it should be clear that the subjects of joint public credit punishment are the national administrative and judicial organs." Member Li Zhengguo explained that the competent government departments can manage and coordinate credit activities in a unified manner to effectively punish dishonesty behaviors; the people's courts act as a list of untrustworthy persons to be enforced. Publication and implementation agencies can not only encourage debtors to pay off debts and limit debtors’ credit interests, but also enhance the authority of judicial judgments.
Secondly, according to the nature, characteristics, and severity of untrustworthy behaviors, different types should be classified and disciplinary measures equivalent to this should be matched.
"Third, before the disciplinary measures are implemented, the parties should be given the right to apply for reconsideration or to file a lawsuit; after the wrong measures are implemented, there must be a clear credit repair procedure to encourage untrustworthy entities to repair the damaged credit environment through self-improvement." .
In the view of Member Li Zhengguo, the construction of a social credit system has a long way to go. Discovering and solving problems in this process, and continuous improvement and standardization can make this system more scientific and reasonable, and conform to the laws of social and economic development.
Luo Xiaoxiao