惩罚性赔偿
制裁
代理(哲学)
惩罚(心理学)
宣传
业务
法律与经济学
范围(计算机科学)
羞耻
法学
经济
政治学
社会学
社会心理学
程序设计语言
心理学
计算机科学
社会科学
作者
Marianne von Blomberg,Haixu Yu
出处
期刊:Modern China
[SAGE]
日期:2023-02-17
卷期号:: 009770042311521-009770042311521
标识
DOI:10.1177/00977004231152138
摘要
China’s social credit system (SCS) formalizes reputational regulation, thereby challenging traditional remedial paths. It adds trust assessments and their dissemination to the regulatory repertoire of Chinese state agencies across all realms. This use of adverse publicity, however, entails the loss of the agency’s control over the scope and intensity of the punishment as the punitive action is realized by information recipients, rather than the agency itself. Traditional legal controls are not fit for shaming. We map how the SCS innovates public regulation by implementing a strategy for regulatory shaming from the central level. In a second step, we discuss its consequences, specifically, how undue damages are remedied. Legal remedies for social credit shaming measures are regularly denied, as their position in the law is unclear. Other existing remedial channels likewise do not consider the particularities of shame sanctions such as irreversibility. Social credit reputational regulation might best be controlled by formulating an agency practice that retains control over the scope of punishment.
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