The Related Legal Matter Research On Constructing Individual Credit System In China

The March ,1999,The people's bank of China has promulgated the regulation of instruction opinion on constructing individual consumption credit. China is being to the period of consumption credit period. With the development of the operation of consumption credit in Commercial bank of China and the Government adjusted the order of the market economy. Therefore, there are some developments in individual credit system. However, the development of Our country's credit system is very imperfect: The development of credit consumption is slow and there are a lot of serious credit flaw question in the market economy. This kind of situation has Seriously influenced the market economy's reform and development. The author thought that the market economy is the credit economy and the credit is life of the market economy. The market economy of china have to establish the individual credit system which could be operated good. Individual credit system establishment and the consummation must depend upon the law. Therefore, in legislation stratification plane, establishes individual credit system in China which is extremely necessary.The author thought that in China, the individual consumption credit is very few and individual credit system is imperfect. The national condition of china has decided China's individual credit system establishment must consult the model of the legislation experience on individual credit system in developed country and we should established the individual credit legal system to suit the economy development of China.This article was divided into four parts. The first part was the outline part, which first presented several related concepts of credit, individual credit and the individual credit system under the market economy and then made an essential elaboration of the origin and the development condition of the individual credit system as well as the legal relation involved in it, to make necessary preparations for the following parts.The second part investigated the management patterns, the specific legal provisions and the law-execution methods concerning the individual credit system in Europe, America and Japan and how Korea started the risk management mechanism of the individual credit when the financial individual credit was not good so as to learn from the advanced experiences of the foreign countries.The third part introduced and evaluated the necessity, the initial findings, present legislation situation and the existing problems of the individual credit system in China.And in the last part, the author makes some judicial suggestions and advices to the individual credit system, including the legislation matters of the legislative form, the legislative principle and the basic legislative content; the establishment of the working body in the government and how the government leads, the perfection of the necessary system, and the construction of the individual credit system suits for China, such as the system of saving using real names, the mechanism of collecting credit information, the risk management mechanism of the individual credit, the bankruptcy system of natural person, the law enforcement system of the individual credit, and the mechanism of punishment for whom break his faith and so on; At the same time, the Government must build the good external environment which for the individual credit system. The Government should establish the government credit system which suit market economy, Display the function of the department of the Government, Speed up the construction of information system, Strengthen the construction of exterior cultural environment, and Initiative the modern credit idea and so on.In brief, the establishment and the consummation of the individual credit system in China must consult the success experience of developed country. The first is Law, and the Government must emphatically standard individual credit behavior. Finally, The Government can guide and standard Correctly the transaction activity of individual credit and The market economy of china could be operated healthy.