On The Legal System Of Individual Credit Checking

Market economy, in a sense is the credit economy. The good social credit is an important guarantee to build the normative socialist market economy order and a foundation of the normal operation of the modern economy. Individual credit checking system is one of the fundamental elements of the social credit system. The establishment of the individual credit checking system can bring inestimable benefit to the operation of the whole society's economy. The absence of the individual credit checking legal system has already seriously influenced the establishment of the individual credit checking system and the development of the individual credit checking industry. So, it's very necessary to research the individual credit checking legal system. This thesis takes the legal relationship of individual credit checking as a clue analysis following questions: the style of credit checking agency; the collection and use of individual credit information as well as the protection of the information subject. This thesis also has referenced to the advanced theoretic and practice experience of related legislation and judicature of Western developed country. The author hopes this thesis can do some fever to the building of our own individual credit reporting legal system which match the current situation of china society. For the style of credit checking agency, this thesis believed the combination of market demand-oriented and government support to promote the development style is more adapt to current situation of china society. For the collection of individual credit information, this thesis held that both positive and negative information should all be collected; the scope and type of information collection should be specify; the scope of forbid individual information should not be expanded excessively; the storage period of positive and negative information should be different. While open the individual credit information, we must emphasis the protection of the rights and interests of consumers. In order to adequately protect their reasonable interest on their own individual information, consumers should be endow with the right to know, dispute right as well as the right of asking of correction or deletion. While individual credit checking agencies are obligated to keep independent, objective, fair, and guarantee the realty, accurateness and integrity of the individual credit information. They also burden the obligation of confidentiality, security as well as dispute settlement.