The Protection Of Credit Right In Personal Credit Investigation

Personal credit system can not establish and improve without the legislation on creditright.But China’s current legal system has not directly provide legislation on credit right. Thejudicial practice, to infringe upon the rights of credit protection into the reputation of theprotection of the category. Academic circles credit right for the nature of knowledge,independence has not been unified. credit right shall be independent, and be a kind of right ofpersonality. The personal credit right may be affected by many aspects of theinfringement.legislation should clearly regulate upon personal credit right liability andresponsibility,especially the civil liability of the constitution, the responsibility to eliminate,responsibility.At the same time, foreign good practice，it is good sample for China’s personalcredit right protection design, so that it will achieve the protection of personal credit rightpurposes.This paper, besides introduction and conclusion part,contains five parts.The first part: the case study on judicial practice show the law protection attitude.Analysis the relations between credit right and reputation right, and put forward that in thename of reputation protection to achieve the credit right exists many weak point. At the sametime,explain the independence of credit right and the urgency to protect it.The second part: based on the classification of credit reporting, distinguish between thepersonal credit reporting and business inquiry. Of personal credit reporting basic theory,including basic concepts, the relationship between the parties subjects, significance, etc wereanalyzed. At the same time, advocates of the scholars credit right definition, classification,this paper discusses the nature and content, and put forward credit right should be the civilsubject in civil activities, for society to its ability to trust and economic evaluation of theperformance level of a specific personality right, the nature has the independent personalityright. Its main content is the use, maintenance and protecting of credit right.The third part: firstly take the United States, Japan, Germany and other countries of thepersonal information protection situation as the example, via analysis their respectiveprotection method’main features. Secondly, also to present our credit right protection on thebasis of comparison with others’. As a result,we could find some problem of legislativeprotection on credit system. The fourth part: when the personal credit right is damaged, may cause responsibility.There3types: civil liability, administrative liability and criminal liability. The civil liability isthe main type of responsibility. In the civil liability, credit right is a kind of tort liability. Itconsists of personal violations, damage fact, causality and subjective fault. Its liability defenseshould be: Negative credit information in accordance with the responsibilities reflect the rightsubject; Force majeure; Agency check the information; The fault of the holder ofinformation.How to take the responsibility on infringement personal credit right,it isaccording to different types, respectively from three aspects of civil, administrative, criminal.The fifth part: the paper introduces the two legislative patterns on internationallegislation, our country should adopt the direct legislation mode. The protection of personalcredit system design, must be accurately defined in personal credit information collectionscope and approach; Upgrade and perfect the agency information database; Make a regulationfor the application range and the time to the use of the individual credit information;Establishand perfect the objection system on personal credit information;And set up the security freezemechanism and the agency reminder service.