Study On The Legal System Of The Individual Credit Checking Of Our Country

The market economy is a credit economy which demands a perfect legal system of social credit checking, meanwhile the legal system of the individual credit checking is an important part. This paper aims at studying on the system of the individual credit checking of our country. On the basis of analysing the status of individual credit checking legislation in our country and the perfect legal system of the individual credit checking overseas, this paper has discussed how to perpect the legal system of the individual credit checking of our country.In addition to the introduction and conclusion of this article, the total is divided into four parts.The first part introduces the meaning and relationship of three conceptions which are credit,individual credit and individual credit checking. The interpretation of credit in the field of law can be summarized as social assessment of solvency. Individual credit is an important part of social credit, and it is the basis and premise of social credit system in a country. Individual credit checking is the sum of a series of activities expressed as a process, and to personal credit as an object and content.The second part introduces and analyses the status of the system of the individual credit checking in china. In our nation, Individual credit checking for a single source of law, no special law, part of the effect of the higher level laws and regulations have involved only individual terms. The most performance of existing sources of law are regulations, they are effectiveless, low level, narrow scope, and lack of scientific and coordination and so on. Because of this, the patterns of individual credit checking are not uniform provisions. In practice, depending on the administrative regulations or local regulations, different credit models formed, which includes the public credit mode under the Central Government regulation, the quasi-market credit model in Shanghai and Shenzhen. In addition, these regulations on the scope of individual credit checking inconsistent with the provisions on the rights of the main body of information is lack of protection. There is no unified regulatory agency, each of the local regulatory bodies also differ. Provisions on the liability, only administrative responsibility and criminal liability are related, but no civil liability, which is the most important.The third part introduces the perfect individual credit checking overseas, on this base I search for the inspiration to our county's individual credit checking. United States take the credit market model. Individual credit checking institutions are private credit bureau which independent of the Government, the government only provides the appropriate legal environment. The legal system of individual credit checkingthe in United States certain the free flow of information in, in the same time, will also be legislation to protect consumer privacy as a key and core. Most European countries adopted a model of public credit, they basically have a public credit system which established by the government. The credit legal systems of European countries attach great importance to the protection of privacy, the rules on personal data protection is core of credit legal system. The trade association is well developed in Japan, so Japan take the credit model with trade associations, that is trade association lead to establish credit information center. Japanese law by the impact of the EU, to protect personal information as a core.The forth part is my suggestion on the perfecting of China's legal system of individual credit checking, that will be enacting Individual Credit Checking Law. In the choice of credit model, our country can take both public and private market model. Public credit institutions , one enough in our county, as the infrastructure of credit reporting industry, open to every credit bureau which come into the market. Market credit agencies operate as companies, the company set up mining approval system. On business operations of these companies, the object of charges should point to the unit which needs credit reportings. Based on protecting the free flow of information, the privacy of information subjects must be fully protected, and enough rights shuld be given, which includ the right to decide,the right to know, the right to dissent and the right to correct. In addition, to promote the China Credit Reporting Industry's healthy development, a Credit Information Regulatory Commission should be set up under the State Council, as the regulatory agencies of credit industry, and the second grade regulatory agencies be set up according to economic regions. The legal responsibility should be fully stipulate including chief liability, criminal liability and civil liability.