Study On The Legal System Of The Individual Credit Checking

In this thesis, at first by comparing and analyzing the concept of consume credit, define the meaning of consume credit, differentiate and analyze the consume credit and relative concepts. At the same time analyze the positive effect of consume credit to the economic increasing, the consumers' life standard, financial institution, as well as commercial organization. Furthermore dissertate the important sense of the legal system of the individual credit checking, namely promoting the development of the consume credit. As one of the credit activity, inevitably consume credit was followed by the risk all the way. From the economic point of view, the author detailedly analyzes the formative course of the credit risk of consume credit by using the theory of the information asymmetry and the cost. Base on the academic analysis of the credit risk of consume credit, the author designs the system of the individual credit checking to decrease the information asymmetry in the field of consume credit, at the same time the punitive system of breaking faith makes the discreditable consumers heighten their cost of breaking faith.Then detailedly analyze the legal system of the individual credit checking. Firstly define the individual credit checking and the relative concepts, and then dissertate the system of the credit checking, legal relationship about credit checking as well as the necessity of regulating the activity of the individual credit checking.By using comparative method, the author reviews the fairish perfect legal system of the individual credit checking in America and Japan which can contribute to the construction of the relative system in our country.Finally, found on legislative present condition and commentary of the individual credit checking in our country, the author constructs the legal system of the individual credit checking in our country. For collecting and using individual credit information, define the scope of the individual credit information, the individual credit information forbidden collecting, the method of colleting, maintenance, updating as well as the manner of using individual credit information.;For the credit checking organization, define the character of the credit checking organization and regulate the activity, the credit checking organization infringes the consumers' right of privacy. For supervising and managing the individual credit checking, as far as the subject of supervising and management, there are different opinions in the field of law, the author believes it should be supervised and managed by People' Bank of China by dissertating in the field of theory and practice, meanwhile dissertate the primary content;For the punitive system of breaking faith, summarize the punitive system of breaking faith and put forward the advice about legislation.