Personal Credit On Privacy Protection,

1. Motives and Method of Research According the status, the wasteful cost, derived from the creditproblem in the market transaction, is about 10% to 20% GDP of china.The direct and indirect cost is 5855 billion (RMB), 2% GDP of china, or37% financial avenue of china. The lag of construction of creditinstitution has hampered the development of economics. Therefore, it iscritical for us to form a effective credit system. Though, during recentyears, the research of credit is conducted, it is limited on the discussion oflaw problem of credit and even more limited on discussion of the legalprotection of right to privacy. The main papers of the legal protection ofright to privacy are as follows: "Research of Perfecting the System ofPersonal Credit"(Wangrui,2002), "Research of Legal Protection ofRight to Privacy in Personal Credit Reporting in china" ( ZhengHuilain,2004), "Research of Legal Protection of Right to Privacy inSystem of Personal Credit"(Huangping,2004). Meanwhile, this researchis coarse and shallow, which lacks the Integrity. in this paper, using themethods of compare and induction, the author compare the American lawand Europe law of legal protection of right to privacy, and analyzes thelaw of legal protection of right to privacy in china. 2. Framework and Main Points This paper consists of seven chapters. The first chapter or thepreface shows the writing purpose and the major issues to be discussed. Italso introduces relative the concept and theory. The formal analysis of thetext starts from chapter 2 to chapter 6, and the logical structure is dividedinto two parts mostly. Chapter one analyses the right of privacy in thepersonal credit reporting. Chapter two discussed the current legalprotection of right to privacy in China and the enquiry lawmaking of legalprotection of right to privacy in credit reporting system. The main contents of this dissertation are as follows: Chapter two analyses the theory of right of privacy in the personalcredit reporting. Section one, the author Introduce the concept of the rightof privacy and its developing history. In this section, the author discusseshow to define the right to privacy. To this item, the author thinks that theprerequisite to define the right to privacy is to know what privacy is. Thedifferent definitions of privacy that determine the difference of theconcept of right to privacy. In fact, privacy is a kind of information, butnot other. So, the right to privacy can be defined as the right to protectnatural person's body and privately owned space from being infringed andcontrolling to one's own information. Section two, the author analyzes theright of privacy in personal credit reporting system. By the special visionof personal credit reporting system, the author discusses the it's thecontents and the characteristics this right of privacy which differ from ofthe traditional one. Chapter three analyzes the conflict and balance between personalcredit reporting and the legal protection of right to privacy. Section one,the author discuss the necessity of credit reporting system from the senseof vision of the development requirement of consumption credit,the needof precaution of credit risks,the protecting of market order and theimproving of the government's working efficiency. Section two, theauthor analyses the conflict between personal credit reporting and thelegal protection of right to privacy. By the ways of the working links ofpersonal credit reporting,the author discuss the concrete conflict duringthe procedures of collection,saving and utilizing of the information.Section three is how to balance the benefits between personal creditreporting and the legal protection of right to privacy. Chapter four introduces the law practice of the legal protection ofright to privacy in credit reporting system. To compare the practicalcontents of the legal protection of right to privacy in United States andEurope, the author hopes to gain the advantage and avoid the faults.Section one, the author shows the legal protection of right to privacy inc...