scholarly journals The Social Credit System of the People’s Republic of China through the Eyes of Foreign Researchers

2020 ◽  
pp. 20-31
Author(s):  
Ju. Р. Bayer ◽  
V. A. Vasilyeva ◽  
I. A. Vetrenko

The purpose of this article is to identify and analyze the ideas currently available in world science and practice among foreign researchers on the Social Credit System (SCS). The article analyzes the basic principles of SCS, which allowed us to draw the following conclusions: the social credit system for China is very close to ours mentally and historically, it fits well with the management paradigm based on the principles of Confucianism and Taoism, its main task is to promote the formation of citizens’ behavior based on openness, following rituals.The main conclusions are made, such as the fact that this system allows you to put into practice the principle of the golden mean, that the application of SCS will contribute to the formation of citizens’ behavior on the basis of openness, following rituals and the desire for peace of mind. The formation of the population’s habit of living in the context of SCS, as the authors believe, will help to increase the sincerity of life. An analysis of the materials of foreign researchers was carried out in the article, which gave reason to conclude that the social credit system, launched in China, so far scares the rest of the world. In this regard, the article discusses the five main fears associated with SCS, as well as the five advantages of introducing this system, draws conclusions, and develops recommendations.

Author(s):  
Roman Z. Rouvinsky ◽  
Tatiana Komarova

This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.


2021 ◽  
Vol 30 (3) ◽  
pp. 63-85
Author(s):  
Roman Ruvinskiy

This paper focuses on the probable transformative effects of the application of the Chinese Social Credit System and similar projects in the realm of public administration on constitutional rights and freedoms, balances in citizen-state relations, and the model of statehood. The starting point of the research is the assumption that the Social Credit System, despite its specifically national Chinese peculiarities, can be seen as a reflection of a broader tendency towards the use of reputational information, techniques of ranking (grading) and risk management in the process of exercising the state power. To test this hypothesis, the author analyzes the actual experience of the Social Credit System’s introduction in the People’s Republic of China, compares this project with e-government projects, and proposes the umbrella-term of “social-credit mechanisms” to describe procedures and means of social control, based on the permanent collection and analysis of reputation data relating to persons. It is argued in this paper that the introduction of social-credit mechanisms to the practice of public administration ultimately leads to the emergence of a gap between formally enshrined rights and the actual ability to exercise them, between the legal capacity of a person and the ability to realise this capacity in certain legal relations. Examining the prospects of introduction of reputation-based social-credit mechanisms to the public administration, the author notices the probability of discrimination against persons who took a false step. As is demonstrated in the paper, the use of reputation data and social ratings by state authorities may result in the gradual differentiation in quality and scope of public services depending on social ratings (grades) of their addressees. This state of affairs may signify the birth of a new caste society and the end of the principle of equality before the law. According to the conclusions made in the paper, projects akin the Chinese Social Credit System reflect the global tendency towards the formation of a new type of constitutionalism. In the framework of this new constitutionalism the main emphasis will be shifted from citizens’ democratic participation in the execution of state power and the citizenry’s political subjectivity to ensure public safety and social stability. The issue of social-credit mechanisms’ introduction to the process of public administration is de facto an issue between the values of freedom and the values of security — the issue of choosing between political subjectivity and guaranteed biological existence.


Author(s):  
Roman Z. Rouvinsky ◽  
Alexey A. Tarasov

This article is dedicated to identification and examination of doctrinal grounds and historical prerequisites of the" Social Credit System (trustworthiness)” – a project introduced in the People’s Republic of China in the early 2000s, and currently being “exported” from People’s Republic of China to other countries. In the course of this research, the author analyzed the specific Chinese sources and prerequisites for the creation of modern social rating and control system, as well as non-national sources mostly attributed to the history of Western European political legal thought and Western social institutions. Viewing "Social Credit System" as a technique for exercising social control and oversight, the authors discover its origins in J. Bentham’s project" Panopticon ", Taylor’s philosophy of management, Confucian and legalistic traditions of Imperial China, ideas and institutions of the era of Chinese cultural revolution, as well as U.S. credit scoring systems. This article is the first within Russian science to study the historical and doctrinal prerequisites of China’s "Social Credit System”, taking into account the works of foreign scholars dedicated to the history of its establishment.  A new perspective is given on the Confucian ideas the ideas of Fajia (Legalism) School, which are interpreted as complementary sources of the modern system of social control developed in PRC. The authors believe that China’s “Social Credit System” and the related techniques of control represent a so-called “bridge” that connects “Western” history of the development of social institutions with typically “Eastern” political and sociocultural tradition. In conclusion, attention is turned to the positive aspects, as well as “shadow” side of implementation of the mechanism of “Social Credit System”, “reverse” of this process and all accompanying problems thereof.


MaRBLe ◽  
2019 ◽  
Vol 2 ◽  
Author(s):  
Nadja Aldendorff

In 2014, the State Council of the People’s Republic of China released a document that called for the construction of a nationwide Social Credit System (SCS) with the goal to encourage sincerity and punish insincerity. The system uses blacklists that citizens land on for various cases of misbehavior, ranging from failing to pay a fine to being caught Jaywalking. This research explains the design process behind the SCS and in particular why many Chinese citizens are embracing this form of surveillance. It focuses on three topics to answer this question: the historical roots underlying the system, the perceived lack of trust in Chinese society and the comparison with concepts from surveillance theories developed in the West. From the analysis, following conclusions could be drawn: Historically, the state has often acted as a promoter and enforcer of moral virtue. The SCS fits perfectly into this tradition. The most prominent reason for the positive Chinese reaction is the lack of institutions in China that promote trust between citizens and businesses. There is a severe trust deficit which the government had to find a solution for. Regarding surveillance theory, Foucault’s concept of ‘panopticism’ shows similarities with the SCS and underlines its effectiveness in changing and steering people’s behavior while Lyon’s notion of ‘social sorting’ is used to demonstrate the potential dangers of the Chinese system.


2020 ◽  
pp. 36-50
Author(s):  
Olga O. Bazina

Biometrics, as a field of science, analyzes the physical and behavioral characteristics of people in order to identify their personality. A huge amount of technology in the field of biometric data collection is developed by IT giants like Google, Facebook, or Alibaba. The European Union (EU) took an important step towards biometric data confidentiality by developing a unified law on the protection of personal data (General Data Protection Regulation, GDPR). The main goal of this action is to return control over personal data to European citizens and at the same time simplify the regulatory legal basis for companies. While European countries and organisations are introducing the GDPR into force, China since 2016 has launched a social credit system as a pilot project. The Social Credit Score (SCS) is based on collecting the maximum amount of data about citizens and assessing the reliability of residents based on their financial, social and online behavior. Only critical opinions can be read about the social credit system in European literature, although the opinions of persons being under this system – Chinese citizens – are quite positive. In this context, we should not forget about the big difference in the mentality of Asians and Europeans. The aim of this article is to compare EU law and the legislation of the People's Republic of China regarding the use and storage of biometric data. On the basis of statistical data and materials analysed, key conclusions will be formulated, that will allow to indicate differences in the positions of state institutions and the attitude of citizens to the issue of personal data protection in China and the European Union.


2021 ◽  
pp. 125-144
Author(s):  
Kieron O’Hara

This chapter describes the Beijing Paternal Internet. The ideal consists of respect for public values. The exemplar is China, whose Confucian heritage values hierarchy and social stability. China’s Communist Party asserts legitimacy via its claimed technocratic efficiency, and aims to restore China’s position as a regional and global superpower; it is playing more of a role in global Internet governance. Much of the Chinese Internet is run by private-sector giants like Alibaba, Tencent, and Baidu, but their activities have to align with government policy. The rule of law is weak, surveillance and censorship ubiquitous, and data-protection laws keep data about Chinese citizens available for government use. Citizens cooperate in monitoring, for example with the social credit system. The Belt and Road Initiative, a global technology infrastructure strategy, helps export Chinese ideas, including surveillance and security technology. Many governments other than China’s have paternal intentions for the Internet.


Subject Social mobility in China. Significance So far, the Communist Party leadership has only addressed the most extreme manifestations of inequality -- high-level corruption and rural poverty. It has not tackled a wide range of social, economic and institutional barriers to social mobility that affect hundreds of millions of people across the country. Impacts Members of China’s middle class are already approaching the limits of their upward mobility. The social credit system could evolve in a way that exacerbates the divide between the economically advantaged and disadvantaged. The campaign to eliminate absolute poverty will do little to address the problem of relative poverty in urban areas.


Author(s):  
Grace Li

This paper begins with a brief study on the development of the Chinese all-in-one app, WeChat, explaining how WeChat secured its popularity as the multi-functional ubiquitous mobile app in China. By using WeChat as an example, this paper further studies how the Social Credit System (SCS) in China was established out of collaboration between the Chinese government and eight entrusted private companies. This paper then analyses and evaluates the SCS from a socio-legal perspective, focusing on two key implications: the opaque algorithms and the potential abuse of power. The paper argues that the SCS needs to first gain trust from Chinese citizens. A starting point would be immediate action to standardise and reduce the opacity of the prototype. To enhance the longevity and effectiveness of the SCS, developing a legal framework to prohibit potential information misuse by the State and the entrusted companies is crucial: it needs to be put in place sooner rather than later. In constructing the much-needed legal framework, developing privacy laws is certainly a core step, but the framework needs more than just privacy laws. One crucial safeguard is the requirement for an independent tribunal or ombudsman to deal with credit-related complaints fairly and efficiently.  


2021 ◽  
Author(s):  
Lchiari

Human social life lately is getting more and more worried. The large number of news for violence between fellow humans is good in people's lives in general, also in families. Not only about violence, disputes, competition, envy and curtains are also coloring that color modern life lately. All people compete to get validation from others, and like the world has lost peace of mind. This paper aims to determine Christianity's point of view on the social life of the present and how a Christian person can stick to the Christ character, who is to love the world, currently filled with hatred, as well as how a character is influenced by culture.


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