On Some Legal Problems Of Individual Credit Checking

Credit in law means the appraisal and trust of trade subject's solvency and will to liquidate for the public, which is the reflection of his comprehensive economic ability. It is individual credit checking to carry on systematic investigation and assessment to individual comprehensive economic ability. No matter to national macroeconomic management or to commercial subject's micro credit management, individual credit checking has a very important meaning. Individual credit checking system just starts in our country, and modern individual credit checking in western country has already formed into riper legal system after more than one century's development. U.S.A. is not only the most perfect country of market economy, but also is the most developed country of Individual credit checking. Individual credit checking in U.S.A. totally adopts market-based mode, which includes three parts basically: Credit serves the intermediary, legislative system of credit and corresponding credit law enforcement agency; The personal credit reference industry taking Germany , France as some European countries of representatives' adopts central credit and registers the mode mainly; The personal credit reference of Japan implements the reference mode of the member system.With reviewing Individual credit checking system in western countries, we can find that the open credit information is the most important basis and premise for the foundation of social credit system. Individual credit information is the raw material, which makes the credit checking products, and the basic condition of launching management service of credit. But the opening of personal credit information will involve the protection of the personal right of privacy. The protection of the personal right of privacy is usually the focal point that civil legislations of various countries are protected. The law can only make the choice and weigh between the two. in the process of the disclosure of the Credit information the protection ofprivacy right is the key problem for the success of our country's credit legislation. Among them the most key one lies in distinguishing personal information and public information or the demarcation line of the business secret correctly. The standard to weigh whether it belongs to personal information, public message or the business secret should be the interest standard of the subject.In the checking country of with sound legal environment of Individual credit information, checking in fact is the multiple legal relations formed between individual consumer, the information provider of credit, checking organization and the users of credit report, which takes information data of individual credit as core. The essence of this kind of legal relation is a kind of one between rights and obligations in law. Among them, consumer's individual right and obligation of the checking organization are the key contents of these multiple legal relations, influencing the normal going on of checking activity of the whole individual credit. Every subject of legal relation of individual checking violates the legal obligation, the most possible which is to infringe consumer's individual right of privacy and credit right of commercial affairs. Encroaching on the civil liability of the individual right of privacy of information, including stop encroaching on, dispelling influence, resuming credit, making an apology, compensating for the losses for causing victim's spirit to damage, which should include the compensation for spiritual damages. Checking organization encroaches on the credit right of commercial affairs subject, should comply with its subjective fault degree and the seriousness of its encroaching commercial credit to make it bear civil liability, administrative responsibility and criminal responsibility.As to our country, because our country has been in a discredit state for a long time and lacks experience in the system construction aspect of individual credit, there still exists a lot of questions of the construction of the individual credit s...