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Research On The Legal Problem In Protecting Of The Rights Of Personal Credit Information Main

Posted on:2014-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:M HeFull Text:PDF
GTID:2246330398984220Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The market economy is a credit economy, in which the normal operation of the social economic activities depends on a sound establishment of social credit system. Perfect establishment of social credit system can not be separated from the construction of personal credit reporting system. However, at present there are some problems in the process of China’s personal credit activities, which cause the personal credit information at a different degree, such as personal credit information distortion, individual queries unauthorized, objection channel for information subject stuffed,etc. Personal credit activities disputes also highlight that the protection of rights and interests of the information subject in the personal credit information activities has yet to be improved. Only the rights and interests of the information subject protected by the law, personal credit information collection, utilization be regulated by the law, personal credit reporting activity carried out according with the law, social credit system can be established normally. The circulation and sharing of personal information is the premise for personal credit reporting activities, nevertheless how to balance the conflict between personal information on protection and personal information circulation is a key issue, which need the law to regulate the use of personal information. This paper starting from the Right to Know, Control Power, the Right to Dissent and the Right to Relief of the information subject, analyzed the institutional arrangements of the information subject on protection at the present stage, found the problems in the protection of the information subjects, and thendraw lessons from foreign advanced experience, pointed out that the countries should legislate for the protection of personal information; in addition, the information subject should enjoy full control of information and also have privacy, and finally proposed specific measures of improving the laws and regulations about the protection of information subject.The paper is divided into four parts:The first part is an overview of information subject on protection, including introducing concept of the personal credit information subject, defining the protection of personal credit information subject, and analyzing the practical significance of the personal credit information subjection on protection from three aspects.The second part demonstrate our country’s present situation and problems of the personal credit information subject on protection, from the four aspects of the administrative regulations, departmental rules and local government rules and regulations introducing the arrangement of Chinese law system of the personal credit information subject on protection, and then analyzing the problems in reality.The third part introduce foreign legislative experience in the protection of the personal credit information subject, get inspiration of the personal credit information subject on protection from the experience of the United States, the European Union and Japan.The fourth part put forward Suggestions about law system of the personal credit information subject on protection, and point out that as soon as possible introduce a law by which personal privacy should be protected, carry out control right of the information subject, and establish the prevention of the information subject on protection to decrease infringement of the information subject, through the perfect objection processing procedure to establish dispute negotiation arbitration mechanism to ensure the Right to Dissent and the Right to Relief of the information subject realized in multi-channel.
Keywords/Search Tags:Personal credit reporting, Information subject, Right of control, Right to appeal
PDF Full Text Request
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