On The Legal Mechanism Of Personal Credit Reference ——Institutional Framework And Theoretical Analysis

Credit reference activities originate from the generation and continuous development of credit transactions.In recent years,as the pillar of the credit service industry and the core content of the construction of the social credit system,the credit reference industry has attracted the attention of the Chinese government and the public.As an important part of the credit reference industry,personal credit reference,while developing rapidly,also has many legal issues that need to be resolved.For example,there is still a big gap between the development of the personal credit reference industry and the ideal goal;the operating mechanism of the personal credit reference agency needs to be improved;the legal system of personal credit reference has not been fully exerted in balancing the rights between the personal credit reference agency and the information subject;the conflicts between the creditors' right to know,the right to credit investigation of the personal credit reference agency and the privacy right of the creditee require further coordination in the legal system,etc.The objective existence of these problems has become an important factor restricting the healthy and normative development of China's personal credit reference industry.How to effectively protect the basic rights of the creditee,fully tap the potential value of personal credit information,and promote the healthy and standardized development of the personal credit reference industry is a practical and urgent issue that needs to be solved by legal theory.This article attempts to study the basic issues of the personal credit reference legal mechanism in China on the basis of analyzing the general theory of personal credit reference legal system.In addition to the introduction and conclusion,the full text is divided into five chapters.Chapter ? is basic theories of personal credit reference and its legal system.Firstly,the thesis clarifies the concept of credit reference,which is the basis for studying the legal system of personal credit reference.Through the semantic analysis of personal credit reference,revealing its main features,and the similarities as well as differences between personal credit reference and corporate credit reference are obtained.From the perspective of economics,personal credit reference is a response to asymmetric information,the result of market games,and can also increase the transaction costs of dishonest people.Secondly,clarify the relationship between credit reference and credit.This helps to understand the nature of credit reference and is also a prerequisite for dealing with the relationship between credit reference and the social credit system.As a prerequisite for the credit reference industry,credit refers to economic credit and transaction credit which are closely connected to the market economy and currency circulation.The credit relationship essentially belongs to the creditor-debtor relationship between civil subjects.Finally,it discusses the personal credit reference legal system and the legal relationship in the personal credit reference system.Personal credit reference involves multiple parties such as personal credit reference agencies,debtors,providers and users of credit information,and different entities have formed more complicated social relationships due to different behaviors.This inevitably has an impact on the attributes of the personal credit reference legal system.Among them,the personal credit reference legal relationship is the center of many legal relationships in the personal credit reference system.Chapter ? is the right system for the protection of personal credit information.Personal credit reference activities are carried out around personal credit information.Personal credit reference agencies,providers and users of credit information infringe on the rights of creditees mainly by using personal credit information as a medium,so the protection of creditee's rights is mainly achieved through the protection of personal credit information.Firstly,define personal credit information from a legal perspective.Personal credit information not only possesses the "recognizability" of general personal information,but the personality and property interests implicit in it are more obvious.Secondly,discuss the creditee as a direct source of credit information.The creditee is in principle an adult with full civil capacity,and the deceased cannot be the creditee.The creditee is also a credit consumer,but it is difficult for the Consumer Rights Protection Law to cover the information security rights of credit consumers.Thirdly,discuss the basic rights enjoyed by the creditee.As a natural person who can enjoy a peaceful life,the creditee has the right to privacy;as a credit consumer,the creditee has the right to credit;as an information subject,the creditee also has the right to personal information.Finally,discuss different kinds of behaviors that violate personal credit information.Infringement of personal credit information not only damages the basic rights of the creditee,but also generates civil liability,administrative liability and criminal liability.The creditee enjoys rights relief channels including private relief,administrative relief and judicial relief.Chapter ? is the legal status and operation mode of personal credit reference agencies.The personal credit reference agency is the core subject of personal credit reference legal relationship,and its legal status and operation mode are the key regulating objects by personal credit reference legal system.Firstly,introduce the main types of personal credit reference agencies.In different countries,the organizational forms and market access of different types of personal credit reference agencies are different.Secondly,discuss the four mature operation modes of personal credit reference industry in the world.Whether it is a private credit reference model represented by the United States,a public credit reference model represented by France,a member credit reference model represented by Japan,or a mixed credit reference model represented by Germany,the essence reflected by the different models is still the ratio of different power between public credit reference agencies and private credit reference agencies.Different personal credit reference industry operation modes have different legal systems and supervision methods.Finally,analyze China's national personal credit reference agencies,namely Credit Reference Center of PBOC and Baihang Credit.In view of the fact that the potential of China's personal credit reference agencies is suppressed and the value of personal credit information is not fully explored,China should adhere to the development model of personal credit reference industry that emphasizes both public credit reference agency and private credit reference agency.Chapter ? discusses the conflicts and balance of rights in personal credit reference.The characteristics of credit information make it difficult to achieve the goal of adequate protection by relying solely on ex post accountability and traditional relief channels.The conflict and balance theory of rights provides us with another way of solving conflicts.Firstly,discuss the main conflicts of rights in personal credit reference,focusing on the use and security of personal credit information,analyzing the conflict and opposition between creditors' right to know,personal credit reference agency's right to credit investigation and creditee's right to privacy.Secondly,from the perspective of comparative law,we will investigate the balance of different rights in the United States,the European Union and Japan.There are large differences in the ways in which personal credit reference legal systems balance the right to credit investigation and the right to privacy.Finally,discuss the path of how to balance different rights in the personal credit reference activities.Balancing the conflict of rights in personal credit reference activities requires the embedding of legal system,insisting on the balance of interests and social standard,with emphasis on value distribution.The boundary of different rights needs to be defined by the personal credit reference legal system.Chapter ? is the prospect of China's personal credit reference legal system.This chapter proposes countermeasures and suggestions for perfecting China's personal credit reference legal system from five aspects.Firstly,raise the level of legislation and enhance coordination with other laws and regulations.Secondly,clarify the legal nature of personal credit reference agencies and appropriately increase the number of personal credit reference agencies.Thirdly,refine the rules of credit reference practices and strengthen the protection of creditees' rights and interests.Fourly,enhance the effectiveness of supervision in personal credit reference industry.Finally,improve the credit repair mechanism of the creditee.