On The Improvement Of My Country’s Credit Investigation Legislation

My country has been exploring social credit legislation since 2001.The "Regulations on the Management of Credit Investigation Industry" is an administrative regulation formulated by the State Council in 2013 and has become the main basis for credit investigation activities.With the rapid development of the times,the existing laws are no longer sufficient to support the modern credit economy and society.On January 11,2021,the Central People’s Bank of China issued the "Administrative Measures for Credit Investigation(Draft for Comment)",which made up for some deficiencies in the credit investigation legal system,but there are still some problems to be solved.This article mainly discusses the following aspects.In the aspect of collection and protection of credit information,the collection of credit information is the front end of credit investigation.Since the development of my country’s credit investigation industry for more than 80 years,there has not been a clear definition of credit information.The "Credit Investigation Business Management Measures(Draft for Comment)" provides a broad definition of information,which can easily lead to excessive collection of information.It also conflicts with the principle of "minimum and necessary" for collecting credit information.Information must be improved.Specific classifications provide relevant punishments for illegal acts of stealing state secrets,selling trade secrets,endangering public interests,and damaging the privacy of others.The protection of credit information mainly refers to the relief after the privacy right has been violated.The illegal trading of credit information and illegal inquiries by banks often occur.These phenomena all reflect that the privacy rights of the information subject have not been respected.The right to privacy is one of the most basic personality rights of citizens,and it is very important to protect it.However,the country must promote economic and social development through information sharing.There is no partiality between the two.It is urgent to find the right to privacy protection based on the principle of benefit measurement.The balance point of coordinated development with information sharing.With the advent of the era of big data,the credit investigation system is facing a serious situation of a large number of privacy leaks.It is recommended to clarify the legal responsibility for privacy violations,quickly formulate corresponding laws and regulations to respond to new changes in life,and make behaviors in practice have laws to follow.At the same time,in order to effectively solve the problems and demands of those who suffer from privacy rights,it is necessary to consider setting up an independent institution for supervision and management.And improve the group public interest litigation system caused by information leakage.In terms of credit investigation supervision,as banks act as credit investigation agencies and are also the subject of supervision,it is inevitable that some cases of favoritism or inadequate supervision will occur.By analyzing the experience of credit investigation supervision in the United States,it is recommended to establish a special supervisory agency to prevent the People’s Bank from trialing its own actions,organize the establishment of self-regulatory organizations in the credit investigation industry,and improve the regulatory legal system.Regarding the punishment of dishonesty,none of the current laws and regulations of our country has made specific provisions on dishonesty,dishonesty,dishonesty behavior,dishonesty punishment,leading to some local legislation to arbitrarily expand the scope of dishonesty behavior,littering,running red lights,violating professional ethics,etc.The behaviors are regarded as dishonest behaviors,which are not conducive to social stability.Local legislation should be checked on a regular basis,and unreasonable ones should be cleaned up in a timely manner.my country’s disciplinary measures for dishonesty play an important role in the construction of a trustworthy society,but the setting of disciplinary measures in dishonesty punishment is not very reasonable.There are some phenomena of mild dishonesty and severe punishment.You can refine the classification of dishonesty behaviors to make The degree of dishonesty is commensurate with the punishment received.In terms of credit restoration,credit restoration is a follow-up link to punishment for dishonesty,which provides the possibility for the dishonest to re-enter the credit society.However,my country’s laws have few regulations on credit restoration and it is difficult to adapt to actual needs,and credit restoration intermediaries are not legalized.It is recommended to clearly stipulate that credit subjects have the right to restore credit and provide a legal basis for untrustworthy subjects to carry out credit restoration.Introduce professional third-party credit repair agencies to provide professional knowledge for dishonest persons and encourage minor dishonest subjects to take the initiative to correct mistakes.The construction of the credit investigation legal system involves the vital interests of natural persons,legal persons and other social organizations.It should be tailored to the actual situation,avoid rushing for success,and ensure that the construction of the credit investigation system is carried out on the track of the rule of law.