{"title":"中国社会信用体系中的失信行为及其救济途径","authors":"Marianne von Blomberg, Haixu Yu","doi":"10.1177/00977004231152138","DOIUrl":null,"url":null,"abstract":"China’s social credit system (SCS) formalizes reputational regulation, thereby challenging traditional remedial paths. It adds trust assessments and their dissemination to the regulatory repertoire of Chinese state agencies across all realms. This use of adverse publicity, however, entails the loss of the agency’s control over the scope and intensity of the punishment as the punitive action is realized by information recipients, rather than the agency itself. Traditional legal controls are not fit for shaming. We map how the SCS innovates public regulation by implementing a strategy for regulatory shaming from the central level. In a second step, we discuss its consequences, specifically, how undue damages are remedied. Legal remedies for social credit shaming measures are regularly denied, as their position in the law is unclear. Other existing remedial channels likewise do not consider the particularities of shame sanctions such as irreversibility. Social credit reputational regulation might best be controlled by formulating an agency practice that retains control over the scope of punishment.","PeriodicalId":47030,"journal":{"name":"Modern China","volume":null,"pages":null},"PeriodicalIF":1.0000,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Shaming the Untrustworthy and Paths to Relief in China’s Social Credit System\",\"authors\":\"Marianne von Blomberg, Haixu Yu\",\"doi\":\"10.1177/00977004231152138\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"China’s social credit system (SCS) formalizes reputational regulation, thereby challenging traditional remedial paths. It adds trust assessments and their dissemination to the regulatory repertoire of Chinese state agencies across all realms. This use of adverse publicity, however, entails the loss of the agency’s control over the scope and intensity of the punishment as the punitive action is realized by information recipients, rather than the agency itself. Traditional legal controls are not fit for shaming. We map how the SCS innovates public regulation by implementing a strategy for regulatory shaming from the central level. In a second step, we discuss its consequences, specifically, how undue damages are remedied. Legal remedies for social credit shaming measures are regularly denied, as their position in the law is unclear. Other existing remedial channels likewise do not consider the particularities of shame sanctions such as irreversibility. Social credit reputational regulation might best be controlled by formulating an agency practice that retains control over the scope of punishment.\",\"PeriodicalId\":47030,\"journal\":{\"name\":\"Modern China\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2023-02-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Modern China\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1177/00977004231152138\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"AREA STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Modern China","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1177/00977004231152138","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"AREA STUDIES","Score":null,"Total":0}
Shaming the Untrustworthy and Paths to Relief in China’s Social Credit System
China’s social credit system (SCS) formalizes reputational regulation, thereby challenging traditional remedial paths. It adds trust assessments and their dissemination to the regulatory repertoire of Chinese state agencies across all realms. This use of adverse publicity, however, entails the loss of the agency’s control over the scope and intensity of the punishment as the punitive action is realized by information recipients, rather than the agency itself. Traditional legal controls are not fit for shaming. We map how the SCS innovates public regulation by implementing a strategy for regulatory shaming from the central level. In a second step, we discuss its consequences, specifically, how undue damages are remedied. Legal remedies for social credit shaming measures are regularly denied, as their position in the law is unclear. Other existing remedial channels likewise do not consider the particularities of shame sanctions such as irreversibility. Social credit reputational regulation might best be controlled by formulating an agency practice that retains control over the scope of punishment.
期刊介绍:
Published for over thirty years, Modern China has been an indispensable source of scholarship in history and the social sciences on late-imperial, twentieth-century, and present-day China. Modern China presents scholarship based on new research or research that is devoted to new interpretations, new questions, and new answers to old questions. Spanning the full sweep of Chinese studies of six centuries, Modern China encourages scholarship that crosses over the old "premodern/modern" and "modern/contemporary" divides.