The Research On China’s Personal Credit Information Subject’s Rights Protection

With the wide application of personal credit information, personal credit information subject’s rights protection has become the main problem, which cannot to be ignored. The study of how to protect the personal credit information subject’s rights, and find the best balance between the credit industry and the protection of individual rights, has the significance to promote the development of economy and society, maintain the order and justice of market and society, protect the interests of the masses, and promote the progress of national and social civilization. For the past years, along with the progressive development of personal credit industry, the construction of personal credit system has gradually become a research hotspot. However, specific research of personal credit information subject’s rights protection is few and its focus is on law system construction. Macroscopically, there are few discussions on the whole system construction of personal credit information subject’s rights protection, the concrete practice and practicability. Based on this, this article from the public management perspective, analyzed the current China’s situations and problems of personal credit information subject’s rights protection, proposed the methods of improving the rights protection mechanism of personal credit information subject comprehensively.The author using the Asymmetric information and Externality theory of Market failures and Macro-economic control theory as the theoretical support of research, explaining the basic concepts of personal credit information subject’s rights protection, proposing personal credit information ’rights protection work in China needs the government’s intervention. Basing on the foundation above, the author taking the city Jiaxing as an example, analyzing the conditions of personal credit information subject’s rights protection and the risks of personal credit activities, pointing out those problems, namely: the relevant legislation is not perfect; the supervision and management system has not been established;the publicity and personnel education need to be strengthened;the absence of the operating mechanism of rights protection. In addition, introducing the experience of the United States, European Union and Japan in the protection of the personal credit information subject. Based on the Comparative analysis of the three aspects for the legal system, protection operation mechanism and regulatory system, it finally draws the conclusion that our country should handle the contradiction between the credit industry development and the protection of the rights of personal credit information subject, and select the protection mode of the right of personal credit information subject which suited to our national situations. Finally, putting forward the recommendations on improving our national protection of the rights of personal credit information, which are the establishment of the multi-level perfect legal system, the perfection of credit supervision and industry self-regulatory mechanism, paying more attention to publicity and personnel education and building the operating mechanism of rights protection.