The Interests Of The Credit Owner’s Protection In China’s Credit System

Credit system, since the early1990s, China began to establish in which both countries in the credit system to absorb the advanced experience of building them, but also in the application of China’s national conditions, based on the constant adjustment and development.Up to now, the credit system in China has initially established, formed a national organ-led financial institutions to assist, to other credit institutions to supplement the social credit system.Although still in its infancy, but by the use of credit information system to collect credit information has become China’s financial loans, are an important reference information.Consistent with the law of development of anything, the credit system from scratch in the process of building our country, always in the constant problems and solve problems, find flaws and defects in the process of improvement.One person was credit-credit sources of information protection of the rights of those who appeared in a number of new problems.Based on the credit interest, the nature of credit and legal property rights analysis, and by the current judicial practice of human rights protection by credit inadequacies of the analysis attempts to explain the current credit system is only to protect the interests of the creditlegislative power to determine the credit can only be well protected, and even without the legislation to establish the credit rights, you need through other similar rights to judicial protection, but also need to establish the right to credit the right to the core group consciousness.Article is divided into introduction, body, and conclusion of three parts, which the body consists of three parts.Introductory part of the first objective of the study is to seek to determine the current credit system, protecting the interests of poor people are credit solutions.To find the solution, first introduced the limited scope of this study into the credit system, credit system from being in the interests of credit protection point of view, the legal protection of rights of way.Therefore, in this section need to be clear what is the credit system, what is the credit behavior; Second, a brief introductory section also analyzes what is credit, what credit rights, the two basic properties, and betweenthe logic.For credit credit system was in what way the rights and interests should be protected, the current remaining in the different countries, different approaches, but this is currently by our lack of credit to protect the rights and interests of departure, the current through the different countries and academicviews of the analysis, the proper way to explore the rights and interests protection.The first part of the current human rights protection in China is the credit status and judicial confusion.In the credit practice and judicial practice, the rights and interests have been infringed by credit situation often found there, In this paper, the credit system in China by the inadequacies of the system architecture and system inadequacies of building described as being credit against the background of repeated human rights reasons; followed by human rights have been violated by credit majortype of analysis:credit information collection errors, identity theft, errors in the registration information.From damage to the interests of each person by the type of credit starting credit-by-person analysis of what rights are being compromised, and in what way to protect IDS.the second part is the core of this article, that the manner in which the credit of the credit system is the best protection for the rights and interests.By way of protection of national and academic research and analysis of different views, the current main protection in two ways, one for the indirect protection, the other for the direct protection.Which is divided into an indirect way to protect the right to protect the goodwill, reputation to protect, to protect privacy. The direct way was to protect the right of direct legislation to establish the way of credit protection.The author’s lack of protection for indirect and direct analysis of the advantages of protection, protection can only come only through direct credit fully protect the rights and interests of conclusions.First through the third part of the body of the basic illustration shows all of our credit system, the relationship between the main, due to our credit system is not long, so the relationship can be simplified to be the main person credit, financial institutions and credit centersthree main relationships.By a brief description of the relations between the introduction of credit were credit is right in the credit system, the specific rights:informed consent, confidentiality, right to dissent and the right to amend. Specific to the network of relationships in each subject, to clarify in each of the main credit for being the obligations of human content, and a detailed analysis of specific behavior in each of the main obligations of the content. In addition, the part of the analysis of the violation of the composition of credit rights violations, through the identification of violations, damage to findings of fact, causal analysis, and subjective fault of, the credit system on how to identify violations of rights by credit were creditThe tort of view.In the conclusion part of the article, the author proposes, although the main point is that this is only right to pass legislation to establish credit credit can only fully protect the interests of, but is temporarily unable to establish credit the right circumstances, the judicial practice can be protected by similar rights, but also should have the right to credit the idea being to protect the interests of credit, the credit protection as the current circumstances the right to a valid path.