| The nature of the market economy is credit economy. The rapid development of the world's economy leads to higher requirements on time and space of trade. The risk of large-scale market transactions and the conflict of economic security are urgently in need of a social credit system to promote economic prosperity and long-term market development.The Third Plenary Session of the 16th CPC Central Committee made clear that social credit system was not only essential for the construction of modern market system, but also the fundamental strategy of the normal order of the market economy. So we must enhance our credit awareness and create such a social credit system that is supported by morality, based on property rights and guaranteed by law.It can be said that credit is the foundation and spirit of the market economy. So credit investigation (credit information collection) naturally becomes the effective approache of the construction and consolidation of credit system.Particularly in the early stages of the development of the credit industry in our society, it is important to solve such problems as how to supervise the collection, usage and written-off of the credit information, how to fully protect the legal rights of related bodies, how to correctly guide the healthy development of credit.The thesis makes detailed studies about the legal system of credit investigation in China from the perspective of credit monitoring, by such methods as historical analysis, comparative analysis and empirical analysis, it first investigates the fundamental legal principls, then compares different legislations of monitoring credit investigation abroad, finally probes how to perfect China's legal system of monitoring credit investigation.This article can be divided into the following four parts:Part One discusses the basic theory of credit monitoring. This part mainly defines the theory of credit, analyzes the economic benefits of credit, discusses the logical necessity and framework, introduces the legal interest balance mechanism and establishes the basic legal principles of credit monitoring.Part Two mainly introduces the representative credit monitoring legislation of the world. It provides a salutary lesson to perfect our current legal system of the credit investigation supervision through the comparison of social background of credit control and credit monitoring legislation in different countries.Part Three analyses the transitional legislative model which our credit monitoring should adhere to, under the current social background of credit control legislation in our country. We use such a credit monitoring Legislation mode that is gradually transferring from government-oriented formula to market-oriented formula, in which there are some deficiencies which need to be perfected.Part Four demonstrates the practicability of the suggestions which perfect the credit monitoring legislation, under the background of current judicial resources, social culture and business practices. Meanwhile, this thesis analyses the future trends of the credit monitoring legal system from the perspective of sustainable development point. |
