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China Law Translate @ChinaLawTransl8
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Worth taking a moment to dissect this:
1. Chinese ministries and local government are releasing a huge number of national and local black list systems now to meet a June deadline for doing so. chinalawtranslate.com/the-redlists-a…
2. Distinct blacklists will exist in all fields (disciplines, professional areas) where there is legal regulations (pretty much everything) and each defines 'untrustworthy' and 'seriously untrustworthy' persons differently.
3. Blacklisting generally requires a violation of a laws or other legal obligations. China has strict laws regulating internet content that can result in jail time, and requires content providers to monitor and report illegal content.
3. Punishments against blacklistees are specific to each blacklist, and are primarily sanctions within the regulated industry, such as heightened regulatory scrutiny, denial of permits, professional or market restrictions etc. No global punishments for 'untrustworthiness'
4. MOUs between government ministries allow for punishments in other field, against persons blacklisted in some areas. The scope of MOUs is limited, but plenty troubling, as seen in the recent 'no-fly list' MOU. chinalawtranslate.com/who-did-china-…
4. The most famous of the cross-ministry MOUs is the Court judgment defaulter list, which includes limits on air travel, and a wide range of other 'high spending' activities. It applies only to people who have an outstanding court judgment against them.
5. Another means of cross-departmental enforcement is "big data blacklisting". When people appear on warning lists (less than a blacklist) in three different fields, they should be blacklisted in those fields. This lowers the bar for imposing penalties.
6. A few local governments have generalized scoring systems for good conduct, like the commonly cited 'Rongcheng'. These tend to have very concretely stated rewards, and very carefully couched and non-committal punishments.
7. I would categorize these as primarily a publicity and education tools, not as enforcement mechanisms. Shanghai, for example, has an app that with scores and rewards, but neither app nor scores are mentioned in its comprehensive Social Credit Regulation. chinalawtranslate.com/%E4%B8%8A%E6%B…
More of what I've written, collected, and translated is here: chinalawtranslate.com/social-credit-… and here is a picture of the totally normal way people go fishing in Beijing to reward you for your patience.
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