Credit Legal System In China To Study

The modern market economy is credit economy. Credit, as expectedinterests, is the basic assurance of market orders. The foreign countries'experiences in developing market economy show that perfect credit system isthe foundation of mature market economy. During the period of our country'seconomic transition, the low credit is exposed in market already, and theeconomic order is very confused. Lacking credit restraint the furtherdevelopment of our country's economy, and the loss rise by low credit is large.Besides that, credit investigation law is not perfect with problem of lagged andlacking, for that reasons, the issues can't be resolved properly. Credit system ofour society need to be built as soon as possible in the process of deepeningreform in economic system and the related law also need to be perfected.Credit investigation rules, no systematic credit rules, therefore buildingand perfecting the credit investigation law are urgent tasks for us at present.This paper researched the credit investigation based on analyzing foreignadvanced experiences and our realities with the hope of giving some advice tothe credit investigation law construction of our country. The paper is dividedinto four parts.The first part mainly analyzed the theoretical problems of creditinvestigation, including the credit's connotation, its foundation of produce,categories and functions in market. Besides that, this paper explained creditinvestigation's connotation, features, producing, developing and therelationship with credit. Furthermore, the property of credit investigation law iscontroversial, this paper elaborated it from three facets: object of regulation,key-point of value and the form of responsibility, so as to prove its economiclaw property.The second part simply analyzed foreign advanced experiences. The creditinvestigation law and the credit investigation model in America and Europeancountries are perfect. Learning such advanced experiences may promote thedevelopment of credit system and credit investigation law. American creditinvestigation law is important among world credit law, so this part placed itsattention on credit investigation law of America. Besides that, it still introduced the situation in European countries and Japan. As to the problem of creditinvestigation model, it is disputed hardly in our country. In this part, it onlysimply introduced the three typical models in the world for it's not the key pointin this paper.The third part mainly analyzed the situation of credit investigation industryand the credit investigation law at present in our country. The problems arises inthe credit investigation practice mostly contain four, such as the creditinvestigation law is lagged, not keep up with practice, the credit information isnot opened, the government regulation and the autonomy of trade associationhad not play their roles properly, and lacking of punishing measures to whombroke his/her promise. Besides that, the credit investigation law is not perfectenough yet. Not only that law is lagged behind practice, but also it restrainedthe development of credit investigation industry. So, it is necessary to changethat status of law. Solving these problems by law is a good way, which maypromote the development of credit investigation.The fourth part is gist of the article, analyzed that how to perfect tbe creditinvestigation law. Credit information opening is the first question that should beresolved, which is a key point in the system of credit. The credit investigationlaw not only includes the opening and using of credit information, but alsocontains the protection with the personal privacy and commercial secrets. Thesecond question is the government regulation. The credit investigation lawshould provide clearly which government section to exercise the power ofregulation and the contents of power. The autonomy of trade association is thethird question. Except the external government regulate, the credit investigationindustry's benign development need autonomous rights. The law provides theconcrete autonomous rights are advantage to exercise the rights. The punishingmeasures to who break his/her promise are the last question that should beresolved. That's the responsibility assurance to credit investigation law. Lackingpunishing measures, credit has no value anymore. Perfect punishing measuresare good to the formation of social credit.