Die Entwicklung des Social Credit Systems: zu drei seiner Funktionen aus Sicht des Öffentlichen Rechts

Essay for discussion at the Interdisciplinary Symposium “Super-Scoring? Data-driven Societal Technologies in China and Western-style Democracies as A New Challenge for Education.” (Cologne, 11 October 2019).

China’s Social Credit System (SCS) is widely regarded as a ground-breaking form of data-driven governance in media reports. The term “social credit system” as used in academic discourses also denotes a comprehensive networked system of behaviour rating and responsibility placing. The SCS in practice, however, is still taking shape, with official documents interpreting the concept of “social credit” differently and associating the system with changing policy goals. This essay seeks to provide a pathfinder in the labyrinth of policies and pilots concerning social credit in China by outlining three primary functions served by the SCS during its evolution. The analysis here does not intend to be exhaustive or technology-centric. It focuses on the legal nature of essential measures of assessment and punishment undertaken by different entities within the changing boundary of the system. The purpose is to capture better the challenges posed by the SCS to individuals’ rights and the limits of legal redress under China’s changing politico-legal landscape.