The Confine Of Right To Credit Checking

The modern market economy has been charactered by credit trade, and the well-ordered credit trade system needs safeguarding from law. Thus credit checking legal system emerges as the times require. Right to credit checking is the core of credit checking law system, and effective exercise of right to credit checking is the base of credit checking activity to be shaped up, and it is also the impetus of credit society's constitution as well as economic development.There are some partial superpositions between right to credit checking and right to privacy & trade secret protection on the object of right, and the purpose of right to credit checking which is information publicity contradicts the purpose of right to privacy & trade secret protection which is information secrecy, and thereby this situation brings on the conflicts of right to credit checking and right to privacy & trade secret protection. In essence, the two couples of right conflicts mainly represent the value orientation contradiction of order vs. freedom and interests contradiction of social public interests and individual interests. However, to build a well-ordered system needs to sacrifice the part of freedom which doesn't belong to the basic human dignity, and individual interests must accord with requirements of social public interests to satisfy themselves as well. Hence, facing the conflicts of right to credit checking and right to privacy & trade secret protection, we should harmonize conflicts of rights by following the protecting rights equally principle and the balancing interests principle, and compartmentalize rights' boundaries in the limit of basic human dignity protection and interested persons' interests protection.The conflicting rights phenomenon is caused by the inexplicit confines of rights, so to define the right to credit checking boundary is a prime way to solve the problems. According to the theory of to limit rights, the confine of right to credit checking represents at such several aspects as follow: the content of rights and obligations to credit checking, the subject of right to credit checking, the objects of right to credit checking, the oriented objects of right to credit checking, and the purpose to exercise right to credit checking. The content of rights to credit checking includes the rights of investigating, collecting, processing and using credit information; and the obligations related to credit checking includes the obligations of checkage, updating, informing, keeping secret and so on; and the subject of right to credit checking is the legal credit checking enterprise; and the objects of right to credit checking is the credit information which possesses identifying function or credit judging function; and the oriented objects of right to credit checking includes credit information owners and other credit information suppliers; and the exercise of right to credit checking should follow such purposes as: to decrease the asymmetry of information, to safeguard the credit trade system, to reduce the trade cost, to improve the work efficiency and to promote the credit checking trade's development.