Identification of Untrustworthy Behavior and Responsibility - World Credit Organization

3.1 Untrustworthy behavior and identification of responsibility

The identification of untrustworthy behavior and responsibility attribution is a right and wrong identification standard and service designed by the World Credit Organization [WCO]. .org/acnhwgc/81.htm).

People can use this credit service to identify right from wrong. This service can be an independent service, and at the same time, it is generally included in the practice procedures such as internal complaints and credit warnings. Therefore, it is generally not recommended for customers to use the service alone.

3.1.1 Dishonest behavior and responsibility attribution identification process diagram

Note:

One, do not violate the above process. It is a mistake for some practitioners to skip the second step in practice, or not state the second step in the appraisal documents. Because it is necessary to identify whether it is a dishonest act before judging whether it is malicious, general, or serious. The second step is to judge the relevant objective facts of the actor; after that, it is to judge the subjective state of the actor's behavior. Why separate steps to judge, because this is a complicated issue that cannot be clarified regardless of steps.

Second, the process in the standard is relatively general, and the above process is the decomposition of the process in the standard.

3.1.2 Criteria for Untrustworthy Behavior

According to the "ICE8000 International Credit Standard System Untrustworthy Behavior and Responsibility Appraisal Standard", untrustworthy behavior refers to behavior that violates the principle of good faith, that is, damage to the legitimate rights and interests of others without a legitimate reason, and does not actively remedy the event afterwards. The following behaviors are considered dishonest behaviors:

(1) Failing to abide by laws and regulations in good faith without a reasonable explanation [such as: infringing on the legitimate rights and interests of others due to negligence or improper (exercise of legal rights, use of legal powers, performance of legal obligations) ], and no active remedial measures were taken thereafter.

(2) Failure to disclose important facts in good faith (such as concealing important facts or fabricating important facts, etc.) without 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 positive 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 no positive remedial measures were taken afterwards.

(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 others’ legitimate rights or refusing, delaying or obstructing others’ reasonable requests, reasonable requests, and reasonable appeals without reasonable explanation, such as: denying that others have the right to credit evaluation, and then failing to take action Active remedies. (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) On the premise of failing to make a reasonable explanation, betraying the reasonable trust or reasonable trust of others, and failing to actively take remedial measures afterwards.

(9) Under the premise of not giving a reasonable explanation, commit other acts of bad faith or other acts that violate the principles of universal human values, and then fail to actively take remedial measures.

3.1.3 Explanation of related terms

In the definition of untrustworthy behavior, there are many terms, here are some explanations:

1. Contract

Contracts refer to contracts, agreements, statements, commitments and other corresponding documents concluded in writing or in other forms.

II. Power, statutory power, agreed power

Power refers to the power to [give or take rights from others]. For example: the mayor has the right to decide whether relevant departments allocate funds; the Public Security Bureau has the right to decide on administrative detention. The "right" here is the designated power. Power cannot be relinquished when it is directly related to duty. Otherwise, power can also be relinquished.

There are two main sources of power: one is laws and regulations, and the other is contracts. Powers conferred by law are called statutory powers. The power agreed in the contract is called the power of agreement. People are no strangers to statutory power, but they have less experience with agreed power. For example: It is stipulated in the project contract that Party A has the right to fine when Party B has some quality problems. This is a contractual power. Another example: It is stipulated in the contract that if the dispute between the two parties fails to negotiate, it will be arbitrated by the International Credit Dispute Arbitration Commission. This entrusts the dispute adjudication power to the International Credit Dispute Arbitration Commission.

3. Rights, statutory rights, contractual rights

A right is a free act or interest. For example: the lessor has the right to collect rent, and the elderly over 70 have the right to ride the bus for free. Rights can be waived, and giving up rights is also a form of realizing rights.

There are two main sources of rights: one is laws and regulations, and the other is contracts. Rights granted by law are called statutory rights. The rights stipulated in the contract are called contractual rights.

Statutory rights include rights expressly granted by law and actions not prohibited by law. For example, the former: The Constitution stipulates that citizens have the right to work. The latter is reflected in the "Administrative Licensing Law". If there is no act explicitly prohibited by the law, all citizens have the freedom to act or not to act. As a kind of right, legal rights can be given up by people.

Four. Obligations, statutory obligations, contractual obligations

Obligation is also known as responsibility and responsibility, which refers to what should be done or prohibited. Obligations cannot be waived by the obligor.

There are two main sources of obligations: one is laws and regulations, and the other is contracts. Obligations conferred by law are called statutory obligations. The obligations stipulated in the contract are called contractual obligations.

The following legal terms are legal obligations:

The second paragraph of Article 26 of the "Product Quality Law of the People's Republic of China" stipulates that "product quality shall meet the following requirements:

(1) There is no unreasonable danger of endangering personal and property safety, and if there are national standards or industry standards for human health and personal and property safety, the standards shall be met;

(2) Possess the performance that the product should have, except for those that explain the defects in the performance of the product;

(3) Comply with the product standards indicated on the product or its packaging, and conform to the quality status indicated by product descriptions, physical samples, etc. "

Article 32 of the "Product Quality Law of the People's Republic of China" stipulates: "Producers shall not produce products that are adulterated or adulterated, and shall not pass off fakes as genuine or inferior as good, and shall not pass off unqualified products as qualified products"

Above, the two legal clauses are the obligations of producers, the former belongs to what should be done, and the latter belongs to prohibited actions.

V. Legitimate rights

Legitimate rights and interests refer to the rights and interests owned 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].

6. Principles of universal human values

Universal human value principles refer to the value principles that are universally applicable to human beings regardless of time, space, race, religion, beliefs, etc., such as: the principle of supremacy of human basic rights, the principle of equal opportunities for human development, The principle of punishing evil and rewarding meritorious deeds, the principle of good faith, [the principle of fairness, justice and openness in the distribution of interests and dispute handling], etc.

Seven, kindness, good deeds, kindness

Kindness and kindness refer to not harming the legitimate rights and interests of others, or actively safeguarding and promoting the legitimate rights and interests of others.

Good deeds and good deeds refer to good deeds, actions, and actions.

Goodwill refers to the will, intention, and awareness of subjectively pursuing kindness and subjectively wanting to engage in good deeds.

For example: when a patient in a hospital is in critical condition, he still refuses the patient's family member's request to donate blood.

Another example: In order to meet the construction deadline, a real estate company lowered the quality of the project during construction, which is a violation of the owner's legitimate rights and interests.

VIII. Remedial measures

Remedial measures generally include actively compensating for losses, actively correcting breaches of contract or illegal acts, actively seeking the understanding of the victim, etc., which can show the conscience and goodwill of the perpetrator. People can judge whether the actor has real good faith through the remedial measures taken by the party to his fault.

9. Important facts

Important facts are one of the important factors in the identification of untrustworthy behaviors. How to understand important facts?

Important facts refer to facts that have a significant impact on the legitimate rights and interests of stakeholders.

For example: when a real estate company sells a house, it conceals the fact that the house has quality problems.

Another example: in the advertisement of a health care product company, the fact that some patients' persistent diseases are cured by its products is fabricated.

The facts in the above examples all have an important impact on the legitimate rights and interests of customers.

Important facts are related to fact size to some extent, but not necessarily. In different situations, there will be different judgments.

10. Reasonable explanation and just cause

[Just cause], [reasonable explanation], and whether the perpetrator has made a [reasonable explanation] are the key factors in judging whether the perpetrator is dishonest. Reasonable explanations and legitimate reasons refer to explanations or reasons that meet one of the following conditions:

1. The explanation or reason is understood by the victim of the relevant behavior;

For example, if Zhang San forgave Li Si's breach of contract, this breach of contract is not considered a breach of trust. Why does the World Credit Organization [WCO] regard "the victim's understanding" as one of the reasonable explanations?

Because in social interactions, subjective disputes and disputes are inevitable. Due to the different positions of the parties involved in the dispute, they have different understandings of the issues. Many disputes and disputes are not caused by lack of honesty. Therefore, whether the victim of the dishonest behavior forgives the perpetrator is one of the criteria for judging whether the perpetrator is dishonest. This provision respects the wishes of the parties, embodies the legal principle of citizen autonomy, and is also conducive to the rapid and low-cost resolution of various disputes and disputes.

2. The explanation or reason is obviously convincing;

For example, if a transportation company encounters heavy rain and hurricane, it is force majeure. The reason is obviously convincing, and the transportation company's breach of contract is not a breach of trust.

3. The explanation or reason is in line with the universal value principles of human beings.

For example, in the following case, Director Tan of Dongchuan District People's Hospital asked: "A person has only one life. When saving lives and healing the wounded conflicts with laws and regulations, which one would you choose?" Dongchuan District People's Hospital Choosing to save lives and heal the wounded is in line with one of the principles of universal human values, namely: respect for human rights to life. Although his behavior apparently violated the regulations, it was not a breach of trust. Hequ County Hospital and Damao Banner Maternal and Child Health Care Center made the opposite choice. Although they acted law-abiding on the surface, they were dishonest.

About the case

(The following content is excerpted from the "Medical Economic News" reporter: Liu Yuanfen) A mother who has given birth to a new life pushes the dedication of love, the pain of childbirth and the test of life and death to a climax. However, on the delivery bed, any accident will put the mother's safety and medical risks to the test. Sometimes these contradictions are really bloody: the mother is waiting for blood on the operating table due to dystocia, but the hospital has no blood to transfuse. resulting in the death of both mother and child.

Another situation is that doctors donate blood to save patients when they are in distress, and they are reported as "illegal" and punished by relevant departments.

Case 1 Failure to collect blood leads to medical malpractice

"At a critical moment, I asked the Baotou Central Blood Station to ask if I could collect my own blood, but the answer I got was no..."

According to reports, on April 16, 2007, Inner MongoliaHu Hailong, a villager in Damao Banner, sent his wife Li Lintao to the Maternal and Child Health Center to wait for delivery. When admitted to the hospital for examination, Hu Hailong was told that everything was normal for his wife and the condition of the fetus was also very good. However, after more than two hours of hard work, the baby failed to be born. At this time, the doctor said that a caesarean section must be performed.

What happened next made Hu Hailong unimaginable. At around 2:00 p.m., when the hospital asked Hu Hailong to pay for the blood, they realized that neither the hospital nor the Damao Banner blood bank had the same blood type as the maternal blood, and they had to transfer it from the blood station in Baotou city center. Due to the critical situation, the family members requested to draw blood from their own family members, but the hospital refused to agree on the grounds that "unauthorized blood collection is not allowed according to regulations". Since the blood station in the center of Baotou is a certain distance from Damao Banner, it was already 3 hours after the first infusion of blood into the patient's body, that is, around 5:00 p.m. that day. It wasn't long before the second blood was transferred, around 18:00, Hu Hailong was told that neither the child nor the adult had kept it...

A doctor who participated in the treatment described a detail: "At 15:00 on April 16, I received a call from the director of the health center and went to the operating room. Waiting for the blood to arrive, the blood pressure basically disappeared, and the heartbeat was very weak. At around 17:00, 1000 ml of blood was finally delivered from the blood station in Baotou city center. After the blood transfusion, the mother had blood pressure. When the second blood was delivered, the mother was breathing The heartbeat has stopped."

From various points of view, the death of Li Lintao's mother and baby was mainly due to the lack of timely blood transfusion. So, why didn't the blood bank, which was responsible for the blood supply task of Damao Banner, have no blood at that time? It is understood that the blood storage of medical institutions in various banner counties and districts of Baotou City adopts the method of submitting the blood storage plan to the blood storage bank established by the banner counties and districts, and collecting and distributing blood at the central blood station in Baotou. Damao Banner Blood Bank is located in Damao Banner Hospital, which not only supplies blood for local medical treatment, but also undertakes blood supply tasks for surrounding areas. Under normal circumstances, it takes about 3 hours to drive from Baotou City to Bailingmiao Town, Maoqi at the fastest (the road with limited speed on the way).

According to Hao Wanshu, deputy director of the Maternal and Child Health Center of Damao Banner, the day before Li Lintao's operation, an operation performed by Damao Banner Hospital used up the blood reserves in the blood bank, and the blood had not been replenished.

In such an urgent situation, why can't the local medical department conduct on-site emergency blood collection?

As to why the emergency blood collection could not be carried out at that time, both the hospital and the blood bank seemed very helpless. According to the person in charge of the Damao Banner Blood Storage Bank, at around 14:00 on April 16, they received a call to use blood from the Damao Banner Maternal and Child Health Center, and immediately transferred blood to the blood station in the center of Baotou. At the same time, he introduced that the blood storage bank in Damao Banner only has blood storage and blood supply functions. According to relevant laws, blood storage banks are not allowed to collect blood.

A person in charge of the Damao Banner Maternal and Child Health Center also shared their difficulties: "Around 13:20 on April 16, the obstetrics department said that the mother who gave birth in the morning needed surgery and urgently needed blood. The blood bank asks for blood. We have been urging them to send blood as soon as possible, and our hospital is not qualified to collect blood. According to the regulations, it is not allowed to collect blood without permission. When the situation was critical, I asked for instructions from the Baotou Central Blood Station to ask whether I could collect blood myself, but The answer we got was no. After waiting for a while, we asked for instructions again. But in the end, because the processing conditions after blood collection were very demanding, and the hospital did not have blood collection equipment, blood was not collected.”

On June 20, five experts from the Medical Accident Technical Appraisal Office of Baotou Medical Association, according to the "Regulations on Handling of Medical Accidents", "Interim Measures for Medical Accident Technical Appraisal", and "Medical Accident Grading Standards (Trial)", It was concluded that this case had constituted a first-class medical accident, and the hospital should bear the main responsibility.

Case 2 Life-saving plasma does not save life

"The life-saving plasma arrived at Hequ County People's Hospital more than two hours after receiving the order. Unfortunately, the life-saving plasma could no longer save lives. In this life-and-death race, the hospital lost to Death. It's two lives."

If the tragedy that happened in the Damao Banner Maternal and Child Health Center in Inner Mongolia can be attributed to medical conditions, then the incident that happened in the Hequ County Hospital in Shandong Province half a month ago does not know how to explain it.

At midnight on March 25, 2007, Cheng Guiyun, who was about to give birth, suddenly felt a stomachache and symptoms of labor. Since her husband Wu Zhongshan was not at home, a neighbor took Cheng to the People's Hospital of Hequ County, Shandong Province by motorcycle. After getting off the car, Cheng Guiyun walked into the obstetrics and gynecology department, and the doctor on duty immediately conducted a routine prenatal examination. At 1:30 in the morning, Cheng Guiyun experienced dystocia and bleeding symptoms. After more than an hour of preoperative preparation, anesthesia was started at 3:10 in the morning. During the two-hour operation, the parturient suffered from massive bleeding. According to the "Death Medical Record Summary or Investigation Summary" provided by the hospital, the parturient's blood loss was as high as 4,000 milliliters, and the wound surface oozes extensively without coagulation. Of the three leading diagnoses in maternal mortality, hemorrhagic shock looms large.

At 3:40 in the morning, Wu Zhongxiong, Wu Zhongshan's elder brother, signed the signature on behalf of the family, and Cheng Guiyun began the caesarean section. During the two-hour operation, the parturient's bleeding was as high as 4000 milliliters. After using up two bags of type B plasma prepared in advance, the doctor asked Cheng Guiyun's sister-in-law to go to the laboratory to get blood.

The mother's sister-in-law recalled afterwards that when she went to the laboratory in the technical building, the laboratory inspector Li Guiru told her that the several bags of plasma in reserve had run out, and the hospital was out of plasma.

The operation is in progress. Due to the lack of clinical plasma and the bleeding from the surgical wound, the doctor can only temporarily maintain blood pressure with plasma substitutes, and immediately reported to the superintendent on duty. Near 6:00 in the morning, Ma Qingyun, the deputy director on duty, heard the doctor's report, and then called Li Meiqin, the deputy chief of the hospital's examination department, and contacted the Wuzhai Blood Supply Point of the Xinzhou Central Blood Station to deliver plasma to the Hequ County People's Hospital as soon as possible.

According to the recollection of the chief surgeon, Hao Lin, after there was no blood to transfuse, she kept rescuing for more than two hours. In order to save the life of the bleeding mother, the family members, including the mother, cried into a ball outside the operating room, repeatedly begging the hospital to draw their own blood to save their loved ones, but the hospital refused because the blood collection must be done according to the law , The county hospital has no right to collect blood for clinical use.

After receiving the call, the staff of Wuzhai Blood Supply Point of Xinzhou Central Blood Station immediately rented a car and rushed to Hequ County People’s Hospital. Transfer the life-saving plasma to a fast-moving car rented by relatives. Even so, the life-saving plasma arrived at Hequ County People's Hospital more than two hours after receiving the order. Unfortunately, the life-saving plasma could no longer save lives. Two lives.

Such a tragedy was also repeated at the Xinzhou Central Hospital in Shandong Province. On the morning of June 5, Zhang Jianfang, a 36-year-old villager in Beiyijing Village, Xinfu District, Xinzhou City, gave birth to a baby at Xinzhou Central Hospital at around 8:30 pm. After delivery, medical staff were unable to remove the placenta for a while, and postpartum hemorrhage occurred. The doctor immediately arranged for personnel and family members to go to the blood bank in the city center to collect plasma. When the plasma was obtained at around 11:00 that night, the mother was beyond treatment and died at around 11:30 that night.

Case 3 Blood transfusion to save lives, illegal punishment

“A person has only one life, when saving lives and healing the wounded conflicts with laws and regulations, which one would you choose?”

In the face of the conflict between life and the law, the three hospitals mentioned above chose to obey the law and ended up being punished. Lu Xinhua, a doctor at Dongchuan District People's Hospital of Kunming City, Yunnan Province, decisively donated blood to save a patient when his life was in crisis. was punished as well.

On June 8, 2005, after a cesarean section at Dongchuan District People's Hospital of Kunming City, Yunnan Province, Ruan Huailian suffered from massive uterine bleeding and needed an emergency blood transfusion. At that time, the hospital did not store type AB blood, and the search for voluntary blood donors failed. President Tan Zhongneng of Dongchuan District People's Hospital agreed to the chief doctor Lu Xinhua to donate 200 ml of blood voluntarily after obtaining the consent of the district health bureau leaders by phone, which saved Ruan Huailian from danger. . The patients and their families were very grateful for Dr. Lu's charitable deeds. The hospital was going to commend her, but Dr. Lu politely declined.

However, on August 15, the hospital received the "Administrative Punishment Decision Letter" issued by the Provincial Health Department, affirming that the hospital did not have a blood collection and supply license, and the blood collection and supply behavior was illegal. The hospital was ordered to rectify immediately and imposed a fine of A fine of 60,000 yuan.

The doctor donated blood to save the patient, but the hospital received a fine, which caused quite a controversy in the local area. The person in charge of the Legal Supervision Division of the Yunnan Provincial Department of Health said that the administrative penalty imposed on the Dongchuan District People's Hospital was not just for this incident, but for the hospital's illegal blood collection for a period of time. The hospital undertakes the task of extracting, storing, and distributing blood for clinical use in all medical units in the Kunming Blood Center, and should store enough blood at ordinary times. However, the hospital has repeatedly collected blood illegally on the grounds of clinical emergency blood use, which shows that there are certain problems in hospital management. Article 18 of the "Blood Donation Law of the People's Republic of China" stipulates that illegal collection of blood shall be banned by the health administrative department of the local people's government at or above the county level, the illegal income shall be confiscated, and a fine of less than 100,000 yuan may be imposed. The plot of saving lives is already a lighter punishment.

According to the notification of the Provincial Department of Health: From December 17, 2004 to June 16, 2005, Dongchuan District People's Hospital conducted temporary emergency blood collection for 7 patients with massive bleeding, and two of them were not reported to the Dongchuan District Health Administration Department filing. From September 2004 to June 2005, the hospital collected 6200 ml of blood for clinical use.

In this regard, Tan Zhongneng, director of Dongchuan District People's Hospital, explained that the hospital's repeated temporary emergency blood collection was a last resort. In September 2004, after the blood collection station in Dongchuan District was abolished according to law, the clinical blood of all medical institutions in the district was supplied by the Kunming Blood Center. Dongchuan District is 160 kilometers away from Kunming, and it takes 5 to 6 hours to get blood back and forth, which may delay the emergency rescue of some critically ill patients. The blood supply of the blood station in the center of Kunming was insufficient, and it was unable to supply the plasma requested by the hospital many times. Moreover, the blood plan is difficult to estimate, and ischemia often occurs.

my country's "Blood Donation Law" stipulates that in order to ensure emergency use of blood, medical institutions can temporarily collect blood, but they should follow the provisions of the law to ensure the safety of blood for blood collection. The Ministry of Health has a three unified principles: medical institutions can collect blood when they meet the three conditions. Dean Tan believes that they belong to emergency blood collection, "Our motives and objective effects are good, I think the punishment is too heavy."

Responding to Yunnan Provincial Department of Health’s claim that it’s illegal to collect blood privately, Dean Tan asked: “You only have one life. When saving lives and healing the wounded conflicts with laws and regulations, which one would you choose?”

3.1.4 Typical untrustworthy behavior and atypical untrustworthy behavior

The World Credit Organization [WCO] uses the enumeration method to define untrustworthy behavior, and the last item is: "Without a reasonable explanation, other acts of bad faith or other behaviors that violate the principles of universal human values , and did not actively take remedial measures thereafter".

Because the universal value principles of human beings cover all the good and correct value principles of human beings, of course they also include: moral conscience and social responsibility. Therefore, this makes the extension of the definition of untrustworthy behavior infinitely large, and all misconduct and evil deeds in the world can be called untrustworthy behavior.

The main reason why the World Credit Organization [WCO] defines such a wide range of untrustworthy behaviors is that it hopes to bring all misconduct and evil deeds in the world into the scope of credit supervision, so that credit punishment can be carried out in the form of untrustworthy records. commandment.

The definition of untrustworthy behavior is so large, the disadvantage is that the range of untrustworthy behavior must overlap with the range of other behaviors, causing logical confusion. For example: the overlapping relationship between untrustworthy behaviors, untrustworthy related behaviors, and supporting evil behaviors.

People can understand the first eight items in the definition of untrustworthy behavior as typical untrustworthy behaviors, and the ninth item as atypical untrustworthy behaviors.

Behaviors related to untrustworthiness, supporting evil, violating the bottom line of moral conscience, and violating the bottom line of social responsibility can all be understood as atypical untrustworthy behaviors.

3.1.5 Standards for general untrustworthy behavior

An act of dishonesty caused by the negligence of the actor (negligence and overconfidence are negligence) should be identified as general dishonesty.

3.1.6 Standards for Malicious Untrustworthy Behavior

An act of dishonesty intentionally committed by the perpetrator (knowing or should know that the act of dishonesty is still acting or not actively remediating it is intentional) should be identified as malicious dishonesty. Malicious and untrustworthy behaviors especially include but are not limited to the following behaviors:

(1) After admitting or acquiescing to the dishonest behavior, the perpetrator refuses to make corrections.

(2) After receiving the letter of exhortation or related letters, the perpetrator still does not care about the credit evaluation of the credit institution, refuses the reasonable admonition or reasonable request of the credit institution, and does not raise objections to the rationality of the admonition or request.

(3) The perpetrator has been reminded of his untrustworthy behavior, but still repeats the untrustworthy behavior or similar untrustworthy behavior more than three times.

(4) The perpetrator abuses his superior position such as contacts and background or legal flaws or powers and rights to infringe on the legitimate rights and interests of others, such as denying the existence of creditor's rights with the statute of limitations.

(5) The perpetrator deliberately conceals important facts, deliberately misleads others, deliberately slanders others, deliberately changes the topic, and deliberately creates troubles to evade responsibility.

(6) Other dishonest acts intentionally committed by the perpetrator.

3.1.7 Standards for Serious Untrustworthy Behavior

For untrustworthy behaviors that are subjectively vicious and have serious malice, they should be identified as serious untrustworthy behaviors. Serious untrustworthy behaviors especially include but are not limited to:

(1) The perpetrator conceals untrustworthy behavior, whitewashes untrustworthy behavior, covers up untrustworthy behavior, submits false testimony or false objection to the credit institution.

(2) The perpetrator refuses to follow the reasonable procedures of the credit institution, procedurally blocking the verification of the facts of dishonesty.

(3) The perpetrator not only avoids the accusation of dishonesty or refuses to admit the dishonesty, but also conversely fabricates facts and defames the victim after receiving a letter of persuasion or related letters from the credit institution, or Still deliberately concealing important facts, deliberately misleading others, deliberately framing others, deliberately changing the subject, deliberately creating troubles to evade responsibility and obligations.

(4) Actors to credit institutionsor credit practitioners or accusers, victims, and witnesses of untrustworthy acts to insult, abuse, and retaliate.

(5) The perpetrator abuses his superior position such as contacts and background, or legal flaws or powers and rights, infringes on the legitimate rights and interests of others, and refuses to make corrections after being advised by credit institutions; However, it still violates the legitimate rights of credit institutions or others.

(6) After receiving the letter of persuasion or related letters, the perpetrator still refuses to recognize the credit institution's right to credit evaluation.

(7) Other untrustworthy behaviors with relatively high subjective viciousness and serious malice, especially those against credit institutions.

3.1.8 Attribution of responsibility for untrustworthiness

1. If a unit engages in untrustworthy behavior, its legal responsibility shall be borne by the unit and/or relevant personnel in accordance with the law; its credit responsibility shall be borne by the unit, its high-level 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.

2. 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 without capacity for civil conduct in accordance with the law shall not bear credit liability. If the untrustworthy behavior is committed under the instigation of others, the instigator shall bear the 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.

3. For untrustworthy acts that occur in a certain region, if the specific perpetrator can be identified, the responsibility for untrustworthiness shall be directly attributed to the specific perpetrator according to the relevant provisions of this standard; if the specific perpetrator cannot be identified, no one shall bear the legal responsibility , credit responsibility shall be borne by all personnel in the region (except those who publicly oppose the untrustworthy behavior), and the order of attribution is as follows:
(1) The region is the first credit responsible person;
(2) The regional decision-making system (such as parliament) and its members (such as: parliamentarians) are the second responsible person for credit;
(3) The regional administrative system and its high-level personnel are the third responsible person for credit;
(4) The regional judicial system and its members are the fourth responsible persons of credit;
(5) The regional administrative department and its senior personnel whose responsibilities are related to the untrustworthy behavior are the fifth credit responsible person;
(6) Ordinary people (referring to persons other than the preceding five items, the same below) who actively support the untrustworthy behavior are the sixth credit responsible person;
(7) Ordinary people who have not publicly opposed the untrustworthy behavior are the seventh credit responsible person.

3.1.9 Credit responsibility attribution sequence

Let's talk about the order of credit responsibility for a unit that engages in untrustworthy behavior. For multiple units, multiple natural persons, one natural person, unit and natural person jointly engaging in untrustworthy behavior, please refer directly to the ICE8000 standard for the order of attribution of credit responsibilities. No longer quoted here.

Where a unit engages in untrustworthy behavior, the order of credit responsibility is as follows:

(1) The unit is the first credit responsible person;

(2) The top leader of the unit's decision-making system (chairman and other corresponding personnel), the legal representative and the actual controller are the second credit responsible persons;

(3) The top leader of the unit's executive system (general manager and other corresponding personnel) is the third credit responsible person;

(4) Members of the unit's decision-making system (directors, directors and other personnel in corresponding positions) and members of the supervision system (supervisors and other personnel in corresponding positions) are the fourth credit responsible persons;

(6) Middle-level managers or ordinary employees who intentionally participate in untrustworthy behaviors are the sixth credit responsible persons;

(7) Middle-level managers or ordinary employees who negligently participate in or are forced to participate in untrustworthy behaviors are the seventh credit responsible persons.

For middle-level managers or ordinary employees who participate in untrustworthy behaviors, if there is no evidence to prove that they are the sixth responsible person, they should be classified as the seventh responsible person.

If the second, third, fourth, fifth, sixth, and seventh credit responsible person has not been found or has not been identified, it should indicate that no responsible person in this sequence has been found or the words "to be investigated".

If the untrustworthy behavior is identified as malicious untrustworthy behavior or serious untrustworthy behavior, the first, second, third, fourth, fifth, and sixth credit responsible persons should all be identified as malicious untrustworthy or seriously untrustworthy persons , the seventh person responsible for credit shall be identified as a general person responsible for dishonesty, except that the person responsible for credit has evidence or reasonable reasons to prove that he is not at fault.

If the untrustworthy behavior is identified as a general untrustworthy behavior, the above-mentioned credit responsible person shall be identified as a general untrustworthy person, unless there is evidence or reason to the contrary.

The above content is excerpted from "Introduction to ICE8000 Credit Knowledge" (written by Fang Bangjian, free to use, but please indicate the source)