【关键词】工商部门； 企业； 信用监管。
[keyword] Department of industry and commerce; enterprises; credit supervision.
一、与工商部门自身职能的关系。
One, with the Department of industry and Commerce own function relationship.
实施企业信用监管是提高工商管理论文" target="_blank">行政管理执法效能的重要途径，是整顿规范市场经济秩序的治本之策，是工商行政管理机关促进社会信用体系建设基础工作的必要手段。企业信用监管应是工商职能的重要组成内容，同时能体现出现代工商行政管理的新理念、新发展。从工作内容上看，一方面是对工商职能的充实、深化，通过信用监管，利用现代化手段使依法监管更为到位。如对法定代表人的任职资格的合法性审查，法定代表人的信用数据库的建立，将提供查询功能； 另一方面是对工商职能的提升、拓展，在依法监管的基础上，体现以德监管，从处罚到处罚与激励结合，从他律到他律与自律结合，从打击到打击与教育结合，从行政管理到行政管理与社会监督结合。
The implementation of enterprise credit supervision is to improve business administration paper "target=" _blank "> administrative law enforcement efficiency important way, is a fundamental way of rectifying and standardizing the market economic order, is a necessary way to the construction of social credit system in the basic work of promoting the administrative organs of industry and commerce. Enterprise credit supervision should be is an important business functions, at the same time to reflect the new idea, the new development of modern industrial and commercial administrative management. From the work content, on the other hand is industrial and commercial functions to enrich, deepen, the credit supervision, the use of modern means to make more in place of supervision according to law. As for the legal representative qualification review of legality, the establishment of the legal representative of the credit database, will provide the query function; on the other hand is lifting, expand to industry and commerce functions, based on regulation, reflected in the de regulation, from punishment to punishment combined with excitation, combining From Heteronomy to self discipline and heteronomy, combined from the combat and education, combining from administration to administration and social supervision.
从实施形式上看，一方面在现有职能中相对突出、强化信用的要求，显示出信用监管的特色； 另一方面，更是与现有职能的有机融合，将信用监管渗透在对市场主体监管的全过程，并通过工商业务工作的各个环节加以施行，如信用信息的采集，就是在登记、年检、各个专项治理、办案等过程中同时完成的，分类监管就体现在基层工商所的日常巡查中。从战略意义上看，一方面彰显了服务型工商的本质要求，突出了公共服务型政府职能的再造，通过企业信用监管，促进企业信用建设乃至诚信、和谐社会建设，另一方面工商部门以信用监管为核心，着力制度创新，推进职能整合，实现全程监管，建立与社会主义市场经济体制相适应的企业监管机制，确保企业准入“优生”，存续“优育”，退出“善终”。
Looking from the implementation form, a relatively prominent, in the existing functions of strengthening credit requirements, showing the characteristics of credit supervision; on the other hand, is the organic integration with the existing functions, will credit supervision penetration in the entire process of market supervision, and be implemented by each link of industrial and commercial business work, such as the collection of credit information, is also completed in the registration, annual inspection, all special treatment, handling process, the classification of supervision is reflected in the grass-roots business daily inspections. From a strategic point of view, hand reveals the essence of service oriented business requirements, reengineering highlights the public service type government functions, through the enterprise credit supervision, construction and promote enterprise credit construction and credit, harmonious society, on the other hand, the business sector to credit supervision as the core, focusing on institutional innovation, promote the integration of functions, the realization of full supervision, establish compatible with the socialist market economic system, enterprise supervision mechanism, ensure that enterprises access "eugenics", "and" exit ", the existence of hospice".
Two, and management information relationship.
工商部门企业信用监管工作是以工商系统自身信息化建设为基础，同时又对工商系统自身信息化建设产生强大推动力。工商部门企业信用监管，是一个对企业的信用信息进行征集、存储、加工并使用的循环反复的过程，这一过程的顺利实现，要以计算机及网络技术的运用为前提，没有信息化的基本条件，没有强大的数据库，没有高智能的软件，没有互通互联的信息网络，企业信用监管的实施是难以想象的。因此，应以“金信工程”为契机，努力创造工商部门管理信息化的条件，加快系统信息化建设的步伐。同时，由于企业信用监管对工商系统的信息化要求高，它也成为加快工商行政管理信息化进程的催化剂。首先，它促使计算机软件的编写、采用，促使在各项业务中运用信息化管理，以保证企业信用信息能够在业务流程中实现自然输入、交换、处理、共享； 其次，它促使计算机硬件的配置，由于企业信用监管将级别管辖与属地管理相结合，最终通过基层工商所实现监管，这要求工商系统内部上下、横向之间必须实现信息交换，对外必须实现全方位地信息输入，促使基层工商所、窗口受理单位都具备接收、发送信息的条件，以保证对企业的信用监管工作落实到位。工商部门企业信用监管体系的建设，要利用与信息化共同发展的过程，搭建好技术平台。
Credit Supervision Department of industry and commerce enterprise is the industry and Commerce SystemInformation construction as the foundation, and a powerful impetus to the industry and Commerce SystemInformation construction. The Department of industry and commerce enterprise credit supervision, is a process of enterprise credit information collection, storage, processing and the use of cycles, the smooth realization of the process, to the application of computer and network technology as the premise, the basic conditions no information, no strong database, there is no intelligent software, no interconnection information network, the implementation of enterprise credit supervision is difficult to imagine. Therefore, should be based on the "Golden Credit Project" as an opportunity, and strive to create the Department of industry and commerce management information system condition, speed up the pace of information construction. At the same time, because the information of enterprise credit supervision of industrial and commercial system requirement is high, it has also become a catalyst to accelerate the process of informationization of the industry and Commerce administration. First of all, it prompted the computer software compiling, using, which makes the use of information management in the business, in order to ensure the realization of natural input, exchange, processing, sharing in the business process of enterprise credit information to; secondly, it promotes the computer hardware configuration, because the enterprise credit supervision to jurisdiction by level combined with the territorial management, finally through the grass-roots business implementation supervision, this requirement between industrial and commercial system under transverse internal, to realize information exchange, foreign must achieve all-round information input, promote grass-roots business, accepted the window units are to receive, send information conditions, to ensure that the enterprise credit supervising work. The construction of credit supervision system of industrial and Commercial Department of the enterprise, to make use of information process and common development, to build a good technical platform.
At the same time, to increase the personnel, financial input, strengthening the computer personnel training and professional personnel selection, make the organic combination of computer, the human brain.
三、与法律环境的关系。
Three, and the legal relationship to the environment.
A new exploration to strengthen enterprise credit supervision as business functions, efforts should be made to do according to the law, legal supervision. First of all, we must follow the basic principle of administrative law enforcement. One is the act of legal principles, namely, object, enterprise credit supervision content, scope and method, according to law and be responsible for the consequences of actions; two is fair, justice, open principle, namely the basis, procedure and the form of enterprise credit supervision, shall be fair, impartial, open to carry out supervision, and consciously accept the public supervision; three is the combination of punishment and education, namely to illegal acts in accordance with the law sanctions at the same time, to guide and standardize the warning education, from the front, not excute without teaching, do little of crafty ring. Secondly, the operation must be in accordance with the law. One should make full use of the existing laws and regulations. Laws, regulations, rules and regulations to give the administrative department for Industry and Commerce for enterprise legal person and the legal representative of the regulatory responsibilities, has been at work with documents, statements, is the basic basis and information to carry out the enterprise credit information collection. Two conditions must be created to avoid legal problems. As the credit rating results public, is the most influential ends grade good, grade difference. On the level of good, can seek the views of the program, to volunteer for publicity, to provide query; while the poor credit rating, because its are generally due to violation of laws and regulations by administrative punishment, then adopt announced its illegal fact way, publicity for its. The three should pay attention to the difference. Credit supervision in the evaluation standard, grade, publicity, legal conditions are not sufficient, can be used as measures of internal supervise and pay attention to the internal security, in order to avoid legal action. At the same time, should actively to the research and development, to provide legal safeguard for enterprise credit supervising and managing. Can be explored in based on internal management and then legally, orderly open to the community, from the administrative rules, regulations and finally to the legislation process of law. The focus of the current work, the industrial and commercial administrative regulations formulated in full use of space, and create the conditions for enterprise credit supervising and managing.
As for the design of some statements on corporate credit, in accordance with regulatory requirements, increase columns, define the content, processing for information; evaluation of enterprise credit, can take the whole system of unified index system, evaluation model, but the sub area uniform classification parameters in a way, to make the assessment is authoritative, and can better suit all practical; classification of supervision, the enterprise can credit rating and business system inside the existing regulatory measures to re integration, supporting consistent.
四、与社会信用体系的关系。
Four, and the system of social credit relationship.
工商部门企业信用监管体系，其特点是： 一是基础性。企业信用是社会信用建设的三大主体中最基本的、最重要的部分，对整个社会信用体系建设有着举足轻重的影响。工商部门企业信用监管体系所涵盖的企业信用，是收集、整合、存储企业基础的、动态的、全过程的信用，以及法定代表人、董事、监事的相关信用信息，将为今后社会信用中介机构定性定量评估奠定坚实的信息基础，是社会信用体系建设中不可或缺的基础资料。二是先行性。社会信用体系是一项宏大的社会系统工程，需要一系列方方面面的环境条件，建设也是一个长期、艰巨的过程。工商部门企业信用监管体系能够成为一个有力的切入点，做到先行一步，能够依托已有工商部门对企业的信息优势、计算机网络优势、执法监管职能优势，在较短时间不用更多的额外投入，就能实现对企业信用监管的全过程及全覆盖，有利于较大范围、较强力度地在全社会营造信用氛围，同时也可在实践中对中国特色的社会信用体系的理论、立法等进行具体的探索。建立一个与企业监管相关部门参与的政府企业信用监管体系，使政府对市场主体的各类监管信息，实行有效的集中、互通、共享，将会既有助于提高政府自身对企业的监管水平，又能促进企业信用建设。
The Department of industry and commerce enterprise credit supervision system, its characteristic is: one is the basic. Enterprise credit is the most important part of the most basic, the three main social credit construction, has important influence on the construction of the social credit system. Covered credit supervision system of the Department of industry and commerce enterprise credit, is the collection, integration, storage enterprise based, dynamic, the whole process of credit, credit information and related legal representative, directors and supervisors, will the qualitative and quantitative social credit intermediaries assessment lay a solid information base, is an indispensable foundation data in social credit system construction. Two is the first. Social credit system is a huge social system engineering, need a series of aspects of the environmental conditions, construction is also a long-term and arduous process. The Department of industry and commerce enterprise credit supervision system to become a strong point, do the first step, to rely on the existing industrial and commercial departments of the enterprises information advantage, the advantage of computer network, law enforcement supervision function advantages, in a short time without additional investment more, can realize to the enterprise credit supervising the whole process and full coverage, have for large range, strong efforts to build credit atmosphere in the whole society, makes a specific exploration can also on China's social credit system in the practice of the theory, legislation. To establish a firm related regulatory credit supervision system of government enterprise, make to the market main body of various regulatory information government, implementing the effective concentration, exchange, sharing, will not only help to improve their own level of government supervision of enterprises, but also can be used to promote enterprise faith construction.