理解社會信用體系建設的整體視角

中國當代社會信用體系建設在學理層面尚待充分解讀。結合“法治分散”“德治集中”與“規制強化”三種制度邏輯，可以建構描述和解釋這一制度現象的整體性視角。“法治分散”指政府通過支援、補貼系統化聲譽機制，在政府集中供給秩序之外提升社會治理效果。“德治集中”指國家借助資訊化延伸管控範疇，更直接地進入傳統上被歸於非正式規範調整的領域。“規制強化”指政府尋求通過新的技術應用和制度安排，解決“有法不依”“執法不嚴”“違法不究”等長期性制度困擾。這一整體視角有助於學術界和實務界把握社會信用體系建設的願景與現實、可能性與局限性，也有助於社會信用立法工作超越表層議題，在“資料憲制”的高度把握其意義和方向。

China's Social Credit System Project has received much attention but has not been understood nor explained in a comprehensive, scholarly manner. Three types of institutional logics may be identified as inherent in the Chinese government s pursuit of such Project. The logic of ''decentralized law'' envisions that as the government supports and subsidizes the establishment and functioning of systemized reputation mechanisms in the market and the society, better governance and order may be achieved in a decentralized fashion as opposed to by exclusively the government s direct regulation. The logic of ''centralized morality'' sheds light on the possibility that the state may, by virtue of advanced informatization, extend its direct intervention into domains traditionally regulated by social norms, not government laws and directives. The logic of ''empowered regulation'' crystalizes the fact that the government has pursued novel technological applications and institutional arrangements in order to tackle such intractable problems as weak and unreliable enforcement of laws and regulations. Drawing on these three institutional logics, academics and practitioners may form a comprehensive perspective as they look into the present and future of the Social Credit System Project. As lawyers deliberate making laws to regulate the Project, they through such a comprehensive lens will better appreciate the significance and constitutional implications of a potential Social Credit Law.