Research On Enterprise Credit Information Right

The enterprise is an important part of the market trading system,which plays an important role in the economic development of the market,and the competitiveness and survival of the enterprise in the market is based on the reputation and goodwill image of the enterprise in the market trading.The most direct embodiment of the image of enterprise's reputation and goodwill in the transaction relationship is the credit information about enterprises released by social credit investigation agencies.Meanwhile,enterprise credit information is also a key link of social credit investigation system.The protection of enterprise credit information is only stipulated in Article 110 of Civil Code: "Legal persons and non-legal organizations shall enjoy the right of name,right of reputation,right of honor and other rights."Article 110 of the Civil Code only provides a general provision for confirming the right of the reputation of non-natural person subjects in the field of private law from the perspective of personality right.There are no specific provisions on the content of rights,how to protect rights,and how to remedy infringements,which is not enough to deal with all cases of reputation infringement.It is difficult to meet the demands of judicial practice to protect enterprise credit information from infringement and stable operation of market order.Enterprise credit information refers to the sum of identifiable data content that can reflect the operating status and reputation image of an enterprise in market transactions.From a perspective of information economics,information,credit and market influence each other,inseparable relationship between the establishment of the market on the basis of transaction between mutual trust,and trust of both parties is based on information acquisition balance between the two sides,can say,trading main body between the information transfer is the precondition of both sides to build trust each other.Accordingly,the correct and timely transmission of information plays a leading role in the direction of the transaction.As a subordinate concept of information,credit information reflects the credibility of a transaction subject in the transaction activities and plays a decisive role in the completion of the transaction.With such a decisive role,therefore,lack of enterprise credit information special provision,only rely on the general provisions of article one hundred and ten of the Civil code is far from to evade enterprise because of credit problems such as information untrue the risk of damage,and shall establish reasonable regulation system and behavior patterns of enterprise credit information and guarantee the relief.Accordingly,the concept of enterprise credit information can be explored from three different perspectives,and can learn from the existing experience abroad on how to establish a credit investigation system,which can play an optimization role in China's existing "government-led,market-regulated" credit investigation mode.At present,China's credit investigation mode still has many limitations and difficulties in the protection of credit information,mainly reflected in the fuzzy positioning of enterprise credit information,unclear regulation mode and adverse credit information protection and other problems.Therefore,the core issues of enterprise credit information right research include the following three points: first,the Civil legal nature of enterprise credit information,that is,whether the protection of legal interests of enterprise credit information should adopt the "right mode" or the "rights mode";Second,the right theory and right structure of enterprise credit information right,namely what is enterprise credit information right and how to operate enterprise credit information right;Thirdly,the behavior pattern analysis and relief measures of infringing enterprise credit information right are studied.The identification of the Civil legal attribute of enterprise credit information is the first core problem in the study of private law protection of enterprise credit information right.The legal attribute of enterprise credit information determines the mode of protection benefit,so we should first determine its legal attribute before talking about protection.There are always disputes about the identification of legal attributes of enterprise credit information.There are two theories,one is the theory of rights and the other is the theory of rights and interests.Therefore,in order to determine whether its legal attribute is right or equity,we should start from the basic attribute of right.The basic attribute of rights has been the focus of controversy among jurists since ancient times.Up to now,there are two viewpoints in the academic circle,one is the "interest theory" represented by Bentham,the other is the "will theory" represented by Hart.Whether it is from Bentham's "interest theory" or Hart's "will theory",the right of enterprise credit information can satisfy the two theories' views on the right of proof,and it is reasonable to protect the legal interest of enterprise credit information as a right.After the completion of the right certificate,the right attribute should be differentiated.The enterprise credit information right has property characteristics on the basis of the personality right of legal person,and it is a bundle of rights that has both personality right and property right attributes.In the dimension of public law and private law,enterprise credit information right belongs to private right,but bears the function of public power,and has the attributes of both public law and private law.From the perspective of expectation right and acquired right,enterprise credit information right is the embodiment of the transformation process from expectation right to acquired right.The second core of the research on the protection of enterprise credit information right by private law is the concept and content of enterprise credit information right.The process of enterprise credit information in the credit investigation system includes information collection,information processing,information disclosure and finally information deletion.This process corresponds to the right to know,the right to object,the right to repair and the right to be forgotten,which constitute the main content of enterprise credit information right.In the process of collecting credit information related to the reputation of the information subject,the information subject should be given the right to know,which is the right to know enterprise credit information,and the information subject should exercise it in the way of the right of claim.When the credit information is inconsistent with the facts in the process of collection,processing,storage,dissemination and disclosure of credit investigation agencies,enterprises should be given the right to raise objections so that risks can be controlled at the source and losses can be minimized,which is the right to object to enterprises' credit information.When the issued enterprise credit information does have errors,the enterprise has the right to request the credit investigation agency to delete,modify and release the correct information.Finally,the enterprise should also have the right to ask the subject of credit investigation to delete its relevant negative evaluation after making up for its previous trust-breaking behavior,and the burden of proof on whether to make up for the trust-breaking behavior should be borne by the subject of information.The pattern of enterprise credit information right infringement and the relief of the right infringement are the last core problem of the research on the protection of enterprise credit information right by private law.At present,the behavior pattern of infringing enterprise credit information right includes the infringement from the public authority organ--credit investigation organ,and the unfair competition behavior of the market private subject--other market participants.The infringement from the public authority is mainly reflected in the abuse of the right of credit investigation.In this regard,a standard credit investigation system should be established to restrict the rights of credit investigation agencies and ensure that they give consideration to procedural justice and substantive justice in the process of credit investigation.In this regard,the constitutive elements of tort and the scope of tort liability should be clearly defined.Four kinds of remedies are more suitable for the infringement of enterprise credit information right: stop the infringement,eliminate the danger,compensate for the loss and apologize.