Credit Responsibility and Credit Responsibility-World Credit Organization

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ICE8000 credit knowledge column
  • 1. "Introduction to ICE8000 Credit Knowledge"
  • 2. "Building an Integrity Unit——ICE8000 Integrity Management"
  • 3. "ICE8000 Credit Investigation, Analysis, Rating"

    • 1.6 Responsibility for untrustworthiness and credit responsibility

    1.6.1 Agreement on terms of liability for dishonesty

    According to the "ICE8000 International Credit Standard System Untrustworthy Behavior and Responsibility Identification Standard":

    Responsibility for dishonesty, that is, responsibility for dishonesty, refers to the responsibility that dishonest actors should bear for their dishonesty, including legal responsibility and credit responsibility.

    Legal liability refers to the legal sanctions that the perpetrator should bear for his or her dishonesty, including civil liability, administrative liability, and criminal liability. This responsibility can be borne due to the effective complaints of the parties and state departments, which belongs to legal punishment.

    Credit liability refers to the reputation loss, opportunity loss and psychological cost that the actor should bear for his dishonesty. This responsibility can be borne because of the true dissemination of credit information, which belongs to social punishment.

    1.6.2 Attribution of legal responsibility

    The legal liability in the liability for dishonesty shall be borne by the perpetrator in accordance with the law. If the perpetrator is a unit, the legal responsibility shall generally be borne by the unit. Under statutory circumstances, the legal responsibility may also be jointly or solely borne by the legal representative and the relevant fault personnel; If the person is an individual, the legal liability shall generally be borne by himself or the relevant fault person.

    The attribution principles of legal liability generally include the principle of fault and the principle of fairness. How to assign legal responsibility is not the issue discussed in this book. You can read "Basic Knowledge of Law" written by the author or other legal books.

    1.6.3 Principle of attribution of credit responsibility

    1. The principle of fault

    The principle of fault refers to taking responsibility according to fault, that is, if the actor is at fault, he shall bear credit responsibility for his actions, otherwise he shall not bear credit responsibility.

    Fault refers to subjective fault, which is divided into subjective fault and subjective intention.

    The negligence is further divided into the negligent negligence and the overconfident negligence.

    Intention is also divided into direct intention and indirect intention. Direct intention refers to hoping and actively pursuing the occurrence of untrustworthy behavior;

    The following provisions in the ICE8000 standard are the embodiment of the principle of fault:

    Credit liability in the responsibility for dishonesty shall be borne by the units and individuals who are at fault for the dishonesty. Personnel who are at fault for untrustworthy conduct may not deny their own credit responsibilities on the grounds of professional conduct.

    Second, the principle of legality and reasonableness

    Legal (principle) refers to mandatory provisions that do not violate the law; reasonable (principle) refers to reasonableness. For example, the following provisions in the ICE8000 standard reflect the principle of legality and reasonableness to a certain extent:

    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.

    Third, the principle of assigning responsibility to the person and the principle of symmetry between responsibility and power (adaptation of responsibility and power)

    When a unit breaks promises, its credit responsibility shall be borne by the unit, its high-level personnel, and staff members who are at fault for the dishonest behavior. Workers who are at fault for untrustworthy conduct may not deny their own credit responsibilities on the grounds of professional conduct. Only when the responsibility is assigned to the individual can the untrustworthy be prevented from deceiving others by using the unit as a shell.

    According to the principle of symmetry of power and responsibility, the greater the power of the employees of the untrustworthy unit, the greater the credit responsibility.

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