Research On The Legal Problems Of Credit Intermediary Mechanism

This paper consists of five chapters. Chapter 1: First, I make a definition of "Credit Intermediary Mechanism (CIM)"as companies which are engaged in collecting, processing, arranging credit information of individuals,enterprises,states, and make credit rating reports. After analyzing the developing situation and existed main legal problems of CIMs, I think CIMs should develop in such a route: Not in American model, neither European model, but establish a developing model dominated by the government and run in the market an the main body. Chapter 2: I discuss the market access of CIMs. My conclusion is that CIMs should be highly qualified, and the legislature institute should set different standard of market access for CIMs of enterprises and CIMs of individuals, and etc. Chapter 3: This chapter is the core in this paper. I discuss the legal problems in market—running of CIMs in the region of individuals'credit information collecting and enterprises'credit information collecting separately. In the region of individuals'credit information collecting, I discuss the principles of protecting individuals'credit information, and the regulations for regulating CIMs of individuals, and etc. on the basis of right of privacy. In the region of enterprises'credit information collecting, I analyze some legal problems around business secret. Chapter 4: I discuss the functions of government in developing CIMs. Three aspects mainly: First, setting an example of credit government to CIMs; Second, making public information known to public; The third, supervising CIMs. Chapter 5: I discuss the legal problem of self—discipline in the line of CIMs. We should take the construction of the association of the credit—managing line in American as a reference, and perfect our self—discipline association of credit—managing line on the basis of existed developing situation.