The Civil Law Protection Of Enterprise Credit Information

With the coming of information era, people’s market transactions are increasingly reflectthe extension of time and space and separation. To the success of the deal, the enterprise creditinformation urgently need to be quickly spread between market subjects. Information sharingand information freedom become people as enjoying basic rights in the information society,the enterprise credit information has the property of quasi public information. Enterprisecredit information, however, as the enterprise credit status in social economic activities ofoverall reaction, is other the basis of social main body to understand the status of theenterprise honesty and credit, and it is also the premise of the social credit systemconstruction. The modern market economy is the credit economy based on the rule of law, aperfect legal system is the guarantee of credit economy. But in our country’s civil law, basicspecifications and main contents of enterprise credit information are currently underlegislation blank. That is to say, the enterprise credit information protection has not been yetinstitutionalized, which goes against the social credit system construction in our country.Based on the analysis of improper use case, interpreting nomology of the protection enterpriseof enterprise credit information and analysing legislation and judicial situation of theprotection, are going to clear the basic direction of protecting the enterprise credit informationand methods. In this paper, besides the introduction, this paper mainly has the following fourparts：The first part, based on the selected case review and analysis of the trial of the casesituation, the author put forward some problems in this article:(1)improper or maliciousevaluation of enterprise credit behavior;(2)the existing enterprise credit information protectionpath is valid and reasonable;(3)how to protect the enterprise credit information in the processof improving the social credit system.The second part, the nomological analysis of the protection of enterprise creditinformation. This part mainly clarifies the concept of law of “Credit” and “information”, anddefines the range, the contents and civil subject who should be protected to determine thelegal basis for the protection of enterprise credit information.The third part, the author analyzes the cases with the method of empirical analysis. Thispaper analyzes the country framework of the existing legal system through studying the case, which illustrates our country lacking protection of enterprise credit information. Imperfectlaw indicates that there will be a legal risk, which needs to improve the law to solve the socialcrisis because of the legal lag.The fourth part, the construction of the civil enterprise credit information protection. Onthe basis of summarizing the former three parts, the author considers that the architecturalprotection of enterprise credit information should cover the protection principle of creditinformation, subjective right and the choice of law system.