Opening Credit Information And Legal Interests Protection Of Accredited Subject

The original meaning of credit is used as pure,non-monetary and trade-baisi moral conception, and with the development of commodity exchange and the occurrence of private system, credit became as an economic category which is subject to the relationship between commodity and currency. And then, credit grew as a legal concept since the necessity of standardizing the credit took place. Credit information has the characteristic of both credit and information and attribute of personality,property and information.Opening the credit information has 3 aspects:collection, publicity and usage, it also should follow the principles below: 1, orderly; 2, making a difference; 3, collection and usage costing money; 4, sharing; 5, protection; 6,the right to know the inside story.Credit information can be classified as personal credit information and enterprise credit information. We should open the personal credit information fully and completely, regardless of positive or negative. They all should be opened to the user if the user wants. However, the enterprise credit information can be subdivided as forced-opening and unconstraint-opening.Opening the personal credit information and the privacy right have the inherent conflict, as we know, the privacy right in the course of opening the personal credit information has the following traits :(1) the limitation of privacy right should be decreased to safeguard the security of financial system and social economy; (2)many property rights can be derived from it;(3)it is hard to rescue since it is infringed. According to these analysis, in my opinion, the following basic rights which belong to the credit information owner should be established:(1)right to keep secret; (2)right to use it; (3)right to know the inside story; (4)right to correct the information; (5)right to control; (6)right to have the damage. Opening the enterprise credit information and the protection of trade secret also have the implicit antinomy, we should set up 5-dimension legal system to protect it: firstly, contract law; secondly, tort law; thirdly, trade secret law; fourthly, anti-malfeasance competition law; lastly,criminal law. In a word, in the process of opening the credit information, the persons or the enterprises who owns the information should be guarded well, which can reach the balance of social benefit and personal benefit. And then, the law can be called justice and equal.