The Infringement Relief Of Personal Credit Right In Credit Reference System

With the coming of the credit economy era,individual behavior has been closely tied with their own credit records.The quality of personal credit in the credit system will have a profound impact on the social and economic life.From the beginning of the construction of China's social credit system until now,the credit right has aroused extensive discussion in the academic circle.Personal credit is no longer just a kind of social evaluation,it has evolved into a commercialized embodiment of the personality rights with property interests.But in the process of credit investigation,the credit right is violated more and more frequently.At present,our country has no independent status of credit right,it just indirectly stipulated in general principles of civil law,draft civil code of the People's Republic of China,tort liability law and other laws.This paper carries out a special study on the relief of personal credit right infringement in the credit investigation system,clarifies the responsibility of the infringer,standardizes each activity link in the credit investigation system,and puts forward Suggestions to improve the relief of personal credit right infringement in the credit investigation system,which is conducive to improving the effect of judicial application and beneficial exploration of legislative design.In this paper,145 samples of personal credit right infringement were collected from Peking University magic weapon and China judicial documents net as case support.The types of individual credit right infringement in the credit investigation system are summarized as follows: the infringement of individual credit information providers,the infringement of credit investigation agencies,the infringement of credit information users and the infringement of the third party.The root cause of the above types of infringement behavior lies in the lax information review of credit information providers,the lack of fairness in the evaluation of credit information users,and the low cost of infringement by credit investigation agencies and third parties.Because there is no explicit provision of credit right in the current legislation of our country,and there is no special remedy for the infringement of individual credit right,the existing remedy for the infringement of individual credit right can only be operated by expanding the right of reputation or the right of name.In addition,the damage of personal credit right has a bad impact on credit subjects in the fields of loans,consumption and employment,and has brought serious psychological pressure and economic losses to the parties.If we simply use the way of expanding the right of reputation and the right of name to relieve,it is easy to cause that the spiritual and economic damage of the credit subject cannot be effectively compensated,which will seriously restrict the healthy development of China's credit economy.In order to solve the problem of personal credit right infringement relief in the credit system,this paper puts forward the following Suggestions.First is to establish personal credit right infringement prevention mechanism,on the one hand,formulate detailed regulations on the management of credit reporting industry rules,the specifications in the detailed rules for the information users to collect the specific use of credit information,credit subject information providers must fulfill before submit the bad credit credit subject information timely inform obligation,strengthen credit subject to exercise the right of dissent in the detailed rules for the convenience;On the other hand,to perfect the legislation and formulate the independent law on credit right,we can refer to the practice of advanced countries such as Taiwan,Germany and the United States,and emphasize that the infringers of credit right should make compensation for the material and spiritual damage to the credit subject.Secondly,it is to improve the individual credit right ex-post relief system.First,non-money and money should be paid equal attention to the relief mode.Non-money relief mode is to pay attention to the effect of relief.Second,pay attention to the compensation for spiritual damage of the infringed,and judge the infringer to be liable for spiritual damage according to the severity of the consequence of the infringement;The third is to strengthen the punitive damages to the third party,by raising the illegal cost of the infringer,to shock people with potential infringement ideas in the society.Finally,the supervision and relief of the whole process of credit investigation should be normalized.We should attach importance to the protection of individual supervision and relief rights and the fulfillment of supervision duties by the government and industry associations.