Study On Conflict And Balance Between Opening Of Credit Information And Protection Of Right Of Financial Privacy.

The socialist market economy is credit economy in a sense. To build an open social credit system has become the consensus of the whole society. However, there are many theoretical and institutional obstacles on the problem that how to open and how to deal with the extent. The key to solve all the problems is to establish a perfect and strict credit system. It relies on protecting the credit information and regulating the usage of the credit information. The protection of credit information is related to the right of financial privacy of the commercial subject. The establishment of credit system is related to the collection and disclosure of the information. It is urgent for a market economy country under the law is to establish a perfect credit system which can regulate the usage and flowing modestly and avoid violations of financial privacy at the same time. The dissertation emphasizes on analyzing restraining factors and conflict form, then to understand the principle and mechanism of balances. Through researching the experiences of the developing countries, we can find many advantages. Just because of this, the paper is studying on Conflict and Balance between Opening of Credit Information and Protection of Right of Financial Privacy.The dissertation consists of three chapters.Chapter one concerns on basic definitions and theories on the opening of credit information and financial privacy. First, the paper introduces conception of credit information. Second, it also introduces the origin of financial privacy's theory, which was based on the "implied term" and "tortuous" theories in Common Law System.Chapter two starts to discuss the conflict of the disclosure of the credit information and the right of financial privacy. The first part analyzes the restraining factors and conflict form. The second part emphasizes on the researching the form of the right conflict.Chapter three focuses on how to solve the problem. Firstly, it introduces the theoretical basis for conflict, through learn it, we can find the way to deal with the problem. Secondly, it introduces the different Coordination modes of different countries. The United States is a typical of market-oriented model which emphasize on self-regulation. The Europe countries, for example France and Germany are the typical of Government-led. Our country is at the stage of the primary market economy and awareness of people's credit is still relatively low. Our country should select the Government-led mode and develop the self-regulation gradually. Thirdly, it focuses on introducing the development Status of the credit system of our country and giving some suggestions to establishment of the credit system. Through understanding the developing condition and learning the experiences of the developing countries, the author tries to find a suitable mode for Chinese credit investigation market. In order to perfect the investigation market, we should improve the existing legislation, Credit information to the management, put evaluation institution credit and information to the management into the legal system. Just do like this, credit information can really serve the socialist market economy and facilitate the general public, and the use of financial privacy is not violated by credit information collection.