中国企业社会信用体系及其跨国影响

Q2 Social Sciences

Transnational Legal Theory Pub Date : 2021-04-03 DOI:10.1080/20414005.2021.1977019

Sarah Jakob

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引用次数: 0

摘要

摘要社会信用体系即将成为一个新的监管现实。中国共产党正在通过将社会管理和大数据相结合来改变其治理工具。本文概述了SCS对公司可能产生的影响，并分析了其潜在的域外影响。讨论了跨国法作为一个政治项目的作用，因此跨国法是本文的主题。然而，TL的概念也被方法论地用作分析框架，以使微妙的域外效力和潜在的法律变化显而易见。本文将CSCS置于分析的中心，并考虑了技术发展、不断变化的地缘政治格局、经济相互依存和个人行为。CSCS是强国战略和灵活规范扩散的一个新兴例子，它强调了TL作为一个面向问题和超越边界的分析框架的重要性。

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The corporate social credit system in China and its transnational impact

ABSTRACT The Social Credit System (SCS) is on the verge of becoming a new regulatory reality. The CCP is changing its governance tools by combining social management and big data. This article provides an overview on the possible impact of the SCS on corporations (CSCS) and analyses its potential extraterritorial effects. The role of transnational law (TL) as a political project is discussed and TL is thus a subject of this paper. Yet, concepts of TL are also used methodologically, as an analytical framework, to make subtle extraterritorial effect and potential legal change visible. The paper places the CSCS in the centre of the analysis and considers technological development, a changing geopolitical landscape, economic interdependence and the behaviour of individuals. The CSCS is an emerging example of the strategic and flexible norm diffusion of powerful states—which underlines the importance of TL as a problem orientated and border-transcending analytical framework.

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来源期刊

Transnational Legal Theory Social Sciences-Law

CiteScore

2.10

自引率

0.00%

发文量

期刊介绍： The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.