A Study On The Legal Problems Of Credit Supervision Of Natural Persons In China

The 18th National Congress of the Communist Party of China(CPC)put forward "strengthening the construction of government credit,commercial integrity,social integrity and judicial public trust".The third Plenary session of the 18th CPC Central Committee put forward that "establishing and perfecting the social credit system,praising good faith and punishing breach of trust",the construction of credit system in our country is in full swing.As an important link in the construction of credit system,credit supervision system plays an important role in promoting the transformation of government functions and realizing the new administrative governance model.However,since the implementation of the credit supervision system,some problems have also been exposed.From the perspective of natural person credit supervision,this paper will focus on the construction of a good new regulatory mechanism.In addition to the introduction,the article is divided into four parts:An overview of credit supervision of natural persons.This part first clarifies the concept and characteristics of natural person credit supervision,then analyzes the system function established by credit supervision and the social effect that this system co-management mode will bring,and finally expounds the present situation of top-level design,central and local legislation at different levels from different angles.This paper analyzes the problems existing in the credit supervision system of natural persons in China.The conflict between information collection and management and natural person information protection,dishonest punishment as the integration of the new system and the traditional administrative system,and the rationality of the right relief setting,all three issues point to the establishment of the credit system model and the establishment of high-ranking and specialized credit legislation.The third part is the overseas reference of credit supervision.Compared with the credit system of other countries focusing on the field of financial credit,the credit supervision system of our country is more inclined to the administrative governance model.But the stone of other mountains can be used to attack jade.The credit system,which has been formed for many years in the world,can still provide reference for the existing problems in our country.This part will compare and analyze the international mainstream credit system to provide inspiration for the choice of model in our country.The fourth part,puts forward the consummation suggestion.In the aspect of the theoretical conception of the future,this paper introduces the advanced concept of"scene,risk" and the concept of "right to be forgotten" in the European Union,and probes into the legislative suggestions that can be put forward in the light of the national conditions of our country.At the same time,return to reality,put forward the current credit subject rights and interests may be damaged in the legal system to improve suggestions.At present,there are many studies on corporate credit culture,natural person credit system or natural person information protection.This paper focuses on the credit supervision of natural persons,and comprehensively discusses the right to privacy,natural person information protection and punishment of breach of trust,and relief of rights and interests.It is found that what is urgently needed in our country is to introduce special credit legislation.Although there is a lot of support for credit supervision at the policy level,decentralized legislation is never a long-term solution.For the consideration of legislative cost,China needs to establish a legal system of credit supervision law which can be in harmony with the current administrative law system.The credit supervision system of natural persons needs to focus on the protection of individual rights and prevent the abuse of government power.In the network age,in the face of big data’s secondary use of the industrial model,informed consent mechanism has quietly fallen behind the times,unable to cope with the diversity and complexity of the model.At present,the concept of "risk,scene orientation" has not been introduced into the relevant legislation of our country,which leads to the rigid information protection system of natural persons in our country,which is difficult to meet the challenges of big data era.In addition,the challenges posed by the "eternal" data of the Internet age also need to be solved urgently.Viktor(Viktor Mayer),Professor of the School of Network at Oxford University in 2009 Take the lead in putting forward the question of "the right to be forgotten"(right to be forgotten).In his book delete big:data’s trade-off,Viktor points out that "the Internet puts mankind in a digital circular prison." How to balance the protection of natural person information and the free flow of information is a new problem that credit supervision must face.