The Jurisprudential Reconstruction of Social Credit Law Based on the Social Interaction Cost Theory
The construction of social credit system is being questioned from perspective of the rule of law,and the social interaction cost theory has responded to the question of how to develop the social credit system along the rule-of-law path.This theory provides a academic interpretation of the current practice of constructing social credit system in China by revealing and describing the intrinsic law of the social credit mechanism.From the perspective of the social interaction cost theory,the current experience of exploring the rule of law in the social credit construction indicates that social credit law has shown new features in a series of aspects such as the object of legal regulation,and the legal thinking premised on the"behaviour-based approach"can no longer encompass the new legal phenomena that have emerged in the field of social credit law.From the perspective of the jurisprudence formed according to the social interaction cost theory,the regulated object of social credit law is no longer only credit behavior,but also credit behavior habits and the social relations behind them.The regulatory means is no longer solely the coercive power of the state,but a well-coordinated integration of regulation through state coercion and social self-management.The regulatory method is no longer simply negative discipline,but primarily positive guidance through encouragement for being trustworthy.
Social Interaction Cost TheorySocial Interaction CostCentralized Supply of Credit InformationCredit PersonalitySocial Credit Law
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维普
