Research On The Tortious Liability Of Erroneous Personal Credit Reports Of The Bank

The credit system is a bound product for the development of the market economy, and the credit reporting system is becoming more and more complete. The fundamental individal credit information database, which is setted up by Credit Information Center of People’s bank of China, has been an improtant agency to our people’s economic activity. However, the erroneous personal credit reports always damage the personal legitimate rights and interests on the credit information collecting process. Because there is not have provisions about credit right, the court have to protect the party by the right of reputation. This mediate method can’t provide full protect for the difference between the right of reputation and credit right. The parties always can’t get due protect in the case about erroneous personal credit reports because our courts put these cases to trial by the elements of reputation right. Actually, we should use the second article of the law of tort as the claims, which is a general provision of tort. The particular elements should be confirmed by the characters of the credit system and the realities of our country. The necessary expenditures of recoverying the credit reports and additional transaction costs should be payed by the offender.