List of persons subjected to serious breach of trust

What is the list of serious untrustworthy subjects?

The list of serious untrustworthy subjects is a kind of credit mechanism and credit product in the construction of social credit system. The subject of serious dishonesty is the subject of responsibility for serious illegal and untrustworthy behavior. According to the Guiding Opinions of the State Council on Establishing and Perfecting the Joint Incentive System of Trustworthiness and the Joint Punishment System of Trustworthiness (Guo Fa [2016] No.33) and the Guiding Opinions of the General Office of the State Council on Further Improving the Binding System of Trustworthiness and Building a Long-term Mechanism of Credit Construction (Guo Ban Fa [2020] No.49), the scope of the list of serious untrustworthy subjects is: seriously endangering people's health and life safety and seriously undermining fair market competition order.

2. What are the requirements for determining the list of serious untrustworthy subjects?

1) The list of subjects with serious dishonesty implemented nationwide, whose identification criteria require: laws, administrative regulations or policy documents of the CPC Central Committee and the State Council, and departmental rules of competent (regulatory) departments (areas that are not qualified for the time being);

2) For the list of serious untrustworthy subjects only implemented in local areas, the standard requirements are: local regulations.

3. What are the departmental regulations on the list of serious untrustworthy subjects formulated by the competent (regulatory) department at present?

At present, the regulations of relevant departments include the Interim Measures for the Administration of the List of Joint Punishment Objects for Arrears of Wages and Dishonesty of Migrant Workers (Order No.45 of Ministry of Human Resources and Social Security), the Measures for the Administration of the List of Serious Violations of Laws and Dishonesty in Market Supervision (Order No.44 of the State Administration of Markets), the Measures for the Administration of Information Publication of Major Tax Violations and Dishonesty (Order No.54 of State Taxation Administration of The People's Republic of China, People's Republic of China (PRC)) and the Measures for the Administration of Credit of Serious Dishonesty Enterprises (Order No.35 of the National Bureau of Statistics). Provisions on Credit Management of Cultural and Tourism Markets (Order No.7 of the Ministry of Culture and Tourism) and Measures for Credit Information Management of Social Organizations (Order No.60 of the Ministry of Civil Affairs).

Tip: The Provisions of China National Intellectual Property Administration Municipality on Intellectual Property Credit Management (Guo Ban Fa Bao Zi [2022] No.8) is a supporting normative document for identifying the list of serious untrustworthy subjects in the intellectual property field, not a departmental regulation.

4. What are the list of serious untrustworthy subjects at present?

At present, there are 37 lists of serious untrustworthy subjects implemented nationwide. Including the list of people who have been executed for breach of trust, the list of records of serious violations of law and trust in government procurement, the list of subjects who have been seriously untrustworthy in fulfilling their national defense obligations, the list of joint disciplinary targets for wage arrears of migrant workers, the list of serious violations of law and trust in market supervision and management, the blacklist of dairy enterprises, the blacklist of serious dishonesty in transportation and logistics industry, the blacklist of rehabilitation of disabled children, the blacklist of tax violations, the list of enterprises with serious dishonesty in statistics, and the blacklist of credit in the fields of social assistance and affordable housing use. Network credit blacklist, cultural market blacklist or tourism market blacklist, construction market blacklist, engineering construction blacklist, property service enterprise blacklist, information consumption enterprise blacklist, urban rail transit blacklist, serious illegal and out-of-gauge transportation party list, price dishonesty blacklist, environmental illegal enterprise blacklist, medical security field dishonesty joint disciplinary object list, medical and health industry blacklist, Blacklist of untrustworthy enterprises in pharmaceutical industry (note: I don't know the relationship between the list of "serious" subjects and the list of "particularly serious" subjects in price recruitment credit evaluation), list of social organizations with serious violations of law and dishonesty, list of joint disciplinary targets for serious dishonesty in intellectual property (patents), blacklist of academic journals, blacklist of professional title declaration and evaluation, blacklist of serious dishonesty in safety production, blacklist of off-campus training institutions, blacklist of public resource allocation, blacklist of mining rights holders.

List of serious untrustworthy subjects implemented in various places at present: details to be counted. For example, within the scope of Nanjing, the subject of "blaspheming heroes and heroes, publicizing and beautifying aggressive wars and acts, and seriously damaging the dignity of the country and the nation" will be included in the list of "serious untrustworthy subjects" in Nanjing.

5. What is the relationship between the list of serious untrustworthy subjects and the blacklist?

According to the "Guiding Opinions of the State Council on Establishing and Perfecting the Joint Incentive System of Trustworthiness and the Joint Punishment System of Breach of Trust to Accelerate the Construction of Social Credit" (Guo Fa [2065438+06] No.33) (XIX), standardize the red and black list system of credit. Constantly improve the typical "red list" system of good faith and the "blacklist" system of serious untrustworthy subjects. The list of serious untrustworthy subjects is completely equivalent to the blacklist. In practice, in the use of specific names, there is a phenomenon that "blacklists" in individual credit fields are not serious untrustworthy subjects.

6. What is the relationship between the list of serious untrustworthy subjects and the list of joint disciplinary targets for dishonesty?

The subject of serious dishonesty is not necessarily the object of joint punishment for dishonesty, nor is it the object of joint punishment for dishonesty.

At present, there are three kinds of joint disciplinary targets for dishonesty, which are also the main targets for serious dishonesty, including the list of joint disciplinary targets for wage arrears of migrant workers, the list of joint disciplinary targets for dishonesty in the field of medical security, and the list of joint disciplinary targets for serious dishonesty in the field of intellectual property rights (patents).

According to the latest regulations and policies of the General Administration of Market Supervision, the Measures for the Administration of the List of Joint Disciplinary Objects for Serious Breach of Trust in the Patent Field (Trial) (Guo Ban Fa Bao Zi [2065438+09] No.52) has been abolished, and the list has been incorporated into the List of Serious Violations and Breach of Trust in Market Supervision and Management.

7. What is the relationship between the list of serious untrustworthy subjects and the joint punishment of dishonesty?

The list of persons subjected to serious breach of trust does not mean that the person subjected to execution will be jointly punished for breach of trust, although it will in most cases. The untrustworthy subject who is jointly punished does not have to be included in the list of serious untrustworthy subjects, as long as the untrustworthy behavior of the subject leads to disciplinary measures across regions, departments and fields.

8. What is the relationship between the list of serious untrustworthy subjects and the serious illegal untrustworthy subjects who have been repeatedly banned and punished?

The subject of "repeated prohibition" is not only the subject that has been included in the list of untrustworthy people for many times, but also the list of serious untrustworthy subjects. "Repeated punishment does not change" is the subject of serious violation of law and dishonesty, that is, the subject of repeated administrative punishment, not necessarily the list of serious untrustworthy subjects.

9. What is the relationship between the list of serious untrustworthy subjects and credit commitment?

According to the Guiding Opinions of the General Office of the State Council on Fully Implementing the Informing Commitment System for Enterprise-related Certification Matters and Business License Matters (Guo Ban Fa [2020] No.42), due to the serious bad credit record, the list of serious untrustworthy subjects is not applicable to the informing commitment system before credit repair.

10. What is the relationship between the list of serious untrustworthy subjects and public credit evaluation (especially the lowest level)?

In a narrow sense, the list of serious untrustworthy subjects and public credit evaluation are two independent and different credit mechanisms (credit products and credit tools). Broadly speaking, the list of serious untrustworthy subjects can be understood as a special credit evaluation mechanism, and the evaluation results are only "included" and "not included".

For example, in the customs field, the identification of the list of serious untrustworthy subjects is integrated with the credit rating, and the lowest credit rating is the untrustworthy enterprise, which is also the list of serious untrustworthy subjects; In the Guiding Opinions on Establishing a Credit Evaluation System for Drug Price and Recruitment issued by the National Medical Insurance Bureau, it remains to be determined whether the two grades of "serious" and "particularly serious" with the lowest credit evaluation results belong to the list of serious untrustworthy subjects.

1 1. Can the list of serious untrustworthy subjects be repaired?

1) In addition to the information of dishonesty clearly stipulated by laws and regulations and the policy documents of the CPC Central Committee and the State Council, if the untrustworthy subject corrects the untrustworthy behavior and eliminates the adverse effects as required, he may apply for credit repair.

2) The list of serious untrustworthy subjects in different fields has corresponding credit repair requirements.

12. How to publicize the credit information of the list of serious untrustworthy subjects?

1) publicized on the website of "Credit China", and the local credit website publicized the list of serious untrustworthy subjects in the region;

2) The list of serious untrustworthy subjects in various fields is also publicized in official website, the competent department in this field.

13. Is it possible for the relevant subjects in the list of serious untrustworthy subjects to be punished for dishonesty?

It's possible. For example: Provisional Regulations on Enterprise Information Publicity (the State Council Decree No.2004)

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No.) Article 17 stipulates that the legal representatives and responsible persons of enterprises listed in the list of seriously illegal enterprises,

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He shall not be the legal representative or person in charge of other enterprises during the year.