On The Legal Protection Of Credit Right In The Credit Investigation Activities

China’s credit economy activities daily increased with the development and improvement of market economy,the credit transaction is ubiquitous,and the credit tools also emerged in endlessly.The main body of credit using their credit interest to take part in market trading has entered into a popular and mature stage,at this time,legal attention should be paid to protect people’s credit right in a legislative level,and the credit right should be determined and preserved.How to protect credit right from the source is the purpose of this research lies,if the information authenticity and integrity cannot be maintained at the very beginning of credit investigation stage,then the subsequent use of credit information in market dealing and get profit is impossible.At present,our country still have not established a credit legal system to match the credit economy development,and the infringement sometimes occurs in the field of credit investigation,the chaos of credit status and inefficiency seriously destroyed the market economy’s credit environment. Further complement of the legal protections of credit investigatees’credit right,further improve the utilization efficiency of credit information,strengthen the credit protection concept,all have a real significance in the amelioration of current social credit situations.This paper starting from raising a question,then analyze the problem and try to do some research on the issues.The paper is divided into preface,five parts of the text,and conclusion.The first part is mainly discussed about the concept of the credit right in the field of credit checking and investigation activities,discussed about the nature, the characteristics and the content of credit right,analyzed the significant in the protection of credit right.The second part have taken a system study in foreign legislation of credit right protection,investigated the protective measures of the United States, Japan and some other credit developed countries,organized the legislation protections of credit right in a country’s legal system,analyzed the main problem faced by these countries and take an enlightenment to the legislation of our country.The third part take an analyze on the type of credit tort in the field of credit checking and investigation activities,and discussed the characteristics of the tort,and give a theoretical generalization above all.Infringement activities including inaccurate data provided by information provider,error information used by information user,the procedure defect of credit investigation,the infringement caused by making credit report,illegal collection of credit information and identity theft. And the characteristics of tort behavior can be summarized as follows:infringement directly caused by inaccurate credit information, the credit tort have a different manifestation compared with the traditional tort,the consequences of credit tort is the economical loss and also an opportunity benefit loss.The fourth section discussed about the civil remedies against credit tort.There are two measures which can be taken after the the infringement happened,one is reinstatement of the credit state,the other one is monetary compensation.how to maximize compensation when credit right be violated is the purpose that this part of our analyzation to achieve.By discussion,the author’s opinion is that we should establish the monetary compensation as the main way of remedy,and the non-monetary compensation in an auxiliary state,these two compensable way should working together to protect credit rights,and then we discussed about the exceptions of remedy when credit tort taken place.The last part proposed some recommendations in the credit system improvement,that is,how to further strengthen the protection of credit right during the process of credit checking and investigation activities.