Introduction to Untrustworthy Behavior and Responsibility Identification1. The standard of untrustworthy behavior
The following content is quoted from the "ICE8000 International Credit Standard System Dishonest Behavior and Responsibility Identification Standard":
An untrustworthy behavior is one of the following:
(1) Failing to abide by laws and regulations in good faith without making a reasonable explanation [such as: infringing on the legitimate rights and interests of others due to negligence or improper (exercise of statutory rights, use of statutory powers, performance of statutory obligations)], and No active remedial action was taken afterward.
(2) Failure to disclose important facts in good faith (such as concealing important facts or fabricating important facts, etc.) without making a reasonable explanation, and failing to take active remedial measures afterwards.
(3) Without a reasonable explanation, the contract was not concluded in good faith (such as: the contract was concluded in an improper way such as misleading), and no active remedial measures were taken afterwards.
(4) Failure to abide by the contract in good faith without a reasonable explanation [such as: infringement of the legitimate rights of others due to negligence or improper (exercise of agreed rights, use of agreed powers, performance of agreed obligations)], and thereafter not Take active remedial action.
(5) Failure to actively take remedial measures for illegal and invalid contracts without a reasonable explanation.
(6) Failure to actively take remedial measures for its breach of contract and illegal behavior without giving a reasonable explanation.
(7) Denying the legitimate rights of others without giving a reasonable explanation, such as denying that others have the right to credit evaluation, and failing to take active remedial measures afterwards. (The party being evaluated has the right to deny or question the objectivity and fairness of credit evaluation opinions, and also has the right to pursue responsibility for unobjective and unfair credit evaluation opinions, but has no right to deny that others have the right to credit evaluation. Because the right to credit evaluation belongs to freedom of speech rights, and the right to free speech is a constitutional right.).
(8) Without giving a reasonable explanation, not caring about the credit evaluation opinion of the credit institution or using improper means to obtain or eliminate the credit evaluation opinion of the credit institution, and not actively taking remedial measures afterwards.
(9) Under the premise of not giving a reasonable explanation, committing other ill-intentioned acts or other acts that violate the principles of universal human values, and did not actively take remedial measures afterwards.
Related terms: The term "reasonable explanation" in this standard refers to an explanation that meets one of the following conditions:
(1) The explanation is understood by the victim of the relevant behavior;
(2) The explanation is clearly convincing;
(3) The explanation conforms to the universal value principle of human beings.
The important facts mentioned in this standard refer to the facts that have a significant impact on the legitimate rights and interests of interested parties.
The contract referred to in this standard refers to corresponding documents such as contracts, agreements, statements, commitments, etc. concluded in writing or in other forms.
The remedial measures mentioned in this standard refer to corrective measures taken for one's own misconduct, generally including active compensation for losses, positive corrections, active seeking of forgiveness from the victim, etc., which demonstrate the conscience and goodwill of the perpetrator.
The legal rights referred to in this standard refer to free acts or interests conferred by law.
The legal power referred to in this standard refers to the power to [give or take away rights from others] endowed by law.
The legal obligations referred to in this standard, also known as statutory responsibilities and statutory duties, refer to actions that should be done or prohibited by law.
The term “agreed rights” in this standard refers to the free acts or interests expressly agreed upon by one party or two or more parties through a contract.
The term “agreed power” in this standard refers to the power to [give or seize rights to others] that can be used by one party or two or more parties through a contract.
The contractual obligations mentioned in this standard, also known as statutory responsibilities and statutory responsibilities, refer to what should be done or prohibited by one party or two or more parties through a contract.
The goodwill referred to in this standard refers to actively safeguarding and promoting the legitimate rights and interests of others.
The legitimate rights and interests mentioned in this standard refer to the rights and interests possessed by a person, unit or region that conform to [universal human values], regardless of whether the rights and interests are supported or opposed by [laws and/or customs of a certain space and time].
The universal human value principle mentioned in this standard refers to the value principle that is universally applicable to human beings regardless of time, space, race, religion, belief, etc., such as: the principle of supremacy of human basic rights, the principle of equal The principles of good and evil and rewarding meritorious deeds, the principle of good faith, [principles of fairness, impartiality and openness in the distribution of interests and dispute handling], etc.
II. Attribution of Credit Responsibility for Untrustworthy Behavior
If a unit engages in untrustworthy behavior, its legal responsibility shall be borne by the unit and/or relevant personnel according to law; its credit responsibility shall be borne by the unit, its senior personnel, and staff members who are at fault for the untrustworthy behavior. Workers who are at fault for untrustworthy conduct may not deny their own credit responsibilities on the grounds of professional conduct.
Where a natural person engages in untrustworthy conduct, its legal responsibility shall be borne by him and/or related personnel in accordance with the law; his credit responsibility shall be borne by himself and the relevant personnel who are at fault for the untrustworthy conduct.
Minors under the age of ten and other persons legally incapable of civil conduct shall not bear credit liability, and if the untrustworthy conduct is committed under the instigation of others, the instigator shall bear credit liability. Natural persons over the age of ten but under the age of 18 or other persons whose capacity for civil conduct is legally restricted shall bear credit responsibility for acts commensurate with their age and intelligence.
Where untrustworthy acts occur in a certain area, but the specific perpetrator cannot be found or determined, no one shall bear the legal responsibility, and the credit responsibility shall be shared by the area and all the people living in the area. For example: when an area is evaluated as having a bad environment, all the people living in the area have directly or indirectly borne the corresponding adverse consequences.
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