On Legal Regulation Of China's Credit Agency

To establish perfect and precise credit system is the demand of the Market Economy which is also credit economy.At the beginning stage of the construction of our country's credit system,the lack of credit in our country is very serious and affects the sustainable development of economy and society. So the every field in our country needs the credit service urgently. As enterprise legal person who provides credit service, credit agency has positive influence on promoting the enlargement of the scale of credit trade and the rapid development of Nation Economy on the one hand,and on the other hand,it also has negative character which shows as unfair competition and pursuit of personal profits at the cost of indifference to the others' private right.So we need guide credit agency to compete fairly and trade legally by law regulation.Credit agency is a kind of intermediate service agency which appears recently in our country. The first part of the thesis defines credit agency as enterprise legal person who engages in credit activity on the basis of the introduction of the conception of credit and credit agency and its classification and function.The aim of legal regulation is to guide and force credit agency to achieve the value tropism of economic law,such as order,efficiency and justice. All of this introduction provides theoretic precondition to our country's law regulation on credit agency.Credit agency industry has a history of 170 years in foreign countries and forms perfect credit system and law system.Credit agency adopts market-based management,competes sufficiently and freely,or complements mutually with Pubic Credit Registry (PCR) system and form perfect credit service system together. The second part of the thesis investigates the law regulation on credit agency in foreign countries and gets beneficial suggestion to our country's law regulation on credit agency,which provides reference to our country's law regulation on credit agency.Credit agency industry in our new country has formed marked-based mode basically after the development of about 10 years.Every credit agency competes freely according to the market rule.But there are also many problems, such as smallscale, lack of international competition ability,unfair competition,etc.The lack of law,especially the lake of specific division between country secret, enterprise trade secret and personal privacy, leads to the imperfection even deficiency of law regulation on credit agency and meanwhile restricts and prevents the development of credit agency in our country.The third part of the thesis considers the problems and their influence of the law regulation on credit agency in our country on the basis of the development history and the nowaday's condition, especially the current condition of the law regulation on credit agency,which provides realistic basis to the perfection of law regulation on credit agency.The constitution,sophistication and perfection of law develops gradually.During the period of the perfection of the law regulation on credit agency ,we need take some transitional methods integrated with the national condition,establish new resolution aimed at new questions, construct the basic framework of the law regulation on credit agency. The fourth part of the thesis assumes two steps to form the law regulation on credit agency and brings forward concrete countermeasures to the market admittance,the scope of business,the collection and disclosure of credit information ,the obligation and the liability ,the industry mangemant,etc.The first creation of the thesis is my own view on the legal position of the new market main body,credit agency,which be defined as enterprise legal person and be given an opposition as the subject of economic law.The second creation is the construction of development mode by step for the law regulation on credit agency according to the practice.