Research On The Legai System Of Negative Imformation In Personal Credit Reporting

Personal credit reporting is a product of the development of social credit activities and is mainly used to prevent credit risks and reduce transaction costs.With the rapid development of China’s economy and the rapid progress of the construction of the social credit system,personal credit reporting has also been widely mentioned.Among them,negative information as an important part of personal credit reporting information has attracted widespread attention.Some regions have proposed to include personal information such as "not sorting garbage according to regulations","pets disturbing neighbors","dog-raising without a dog license","refusing to pay parking fee" that are not related to personal credit status as negative information into the personal credit reporting,which has caused social discussion and reflection on the collection of negative information.In addition to the problems in the collection of negative information,the legal system for negative information in personal credit reporting also has deficiencies in the handling and preservation of objections to negative information,which is not conducive to the protection of the rights of information subjects and the development of the personal credit industry.The negative information legal system of personal credit information in our country has problems in the collection,objection handling and preservation of negative information.With regard to the collection system of negative information in personal credit reporting,the article analyzes in detail the legal principles of collecting negative information and theimperfect collection content,the inadequate operability of the pre-notification obligation of collection,and the unclear legal responsibility for failure to perform the obligation problem.With regard to the objection handling mechanism for negative information,the article summarizes and analyzes four aspects of the objection channel for objection to negative information,the lack of rules for the burden of proof,the lack of the obligation to notify the former information user after information correction,and the unreasonable time limit for objection handling.In terms of the retention rules of negative information,the article analyzes the problem that the negative information is stored for a single time,and the problem that the personal statement of negative information is not clear.Due to the existence of the above problems,the legal system of negative information in personal credit reporting in China should be improved from the aspects of negative information collection,objection handling and preservation.Specifically,in the collection of negative information for personal credit investigation,the collection principle of negative information should be improved,and the minimum principle and the complete and correct principle should be established in the legislation;the three should be the administrative penalty information,judicial judgment information,and other negative information.Start to refine the content of collection;the time,content,and method of notification should be clearly defined to improve the operability of the obligation to collect prior notification and the non-fulfillment of the civil liability for deleting the negative information without performing the obligation of prior notification,but the provisions should be detailed Conditions of responsibility.In the objection handling of negative information,a diversified objection application channel should be established,the burden of proof distribution rules should be established,the notification obligation after information correction should be established,and the time limit for objection handling should be improved.Regarding the preservation of negative information,the retention time of negative information in personal credit information should be classified and the storage period of the declaration of negative information should be fiveyears,and within the retention period,the information subject can apply for deletion.