Research On The Legal Problems Of "Financial Credit Information Database Organization"

January 21,2013, China’s state council issued the credit reporting industry regulations on the administration of the People’s Republic of China (hereinafter referred to as "the regulations"), since March 15,2013. Promulgation and the implementation of the regulations, solve the could not be in accordance with the problems in the development of China’s credit reporting industry, make up the blank of legal regulation, to better safeguard the legitimate rights and interests of all kinds of information main body, promote the development of credit reporting industry specifications. In recent years, with the rapid development of economy in our country, credit reporting industry is striding forward, the credit market is taking shape, the role of credit legal system has drawn more and more attention. But the regulations about the regulation of our country financial credit information basic database operation mechanism is not clear operational, coordination is not strict, problems such as unclear positioning function, remains to be perfect.At present in the specific application and implementation of the regulations exist the following problems:financial credit information basic database operation mechanism in our country credit reporting industry market status of fuzzy; Financial credit information basic database operation institutions and private credit bureaus of excessive overlapping credit business; The data collection and use of standard financial credit information basic database operation mechanism can not effectively protect the commercial secrets and personal privacy. Accordingly, if you want to reverse the situation, is clear about the regulations in the specification credit supreme law value, with the development of the industry must be based on financial credit information database operation mechanism of administrative function, credit business, and the provisions of the cross-border data exchange problem these three aspects to modifying and supplement.Clear financial credit information basic database operation mechanism of administrative position, on the basis of reasonable regulates the rights and obligations. Financial credit information basic database operation authority is given by the state, the data acquisition is a mandatory program, data acquisition is the need to make clear a regulation, operation mechanism is independent operation and accept supervision by the people’s bank of China, the information providers should contain all the institutions within the territory of China’s financial industry, at the same time, draw lessons from Germany, France and Brazil’s law, the above-mentioned content in the regulations are clearly defined. This aspect is related to financial credit information basic database operation institutions themselves legal compliance, on the other hand is more related to the authority of the regulations, trustworthiness, and operation-ability.Perfect the financial credit information basic database operation mechanism of credit business, from the collection scope and the way of the personal credit information, personal credit information provided scope two aspects to specification. For this, Italy, France, Austria and other European countries the operation mode of the public credit registry system is worthy of reference, the American way of private credit bureaus of credit reporting, business development is worthy of reference. Combined with China’s specific national conditions, the financial credit information basic database operation mechanism of personal credit information collection scope shall be limited to personal financial credit information, to prevent the abuse of administrative power. Mode of personal credit information collection "told" means shall be taken to improve the operation efficiency. To provide the scope of personal credit information provided shall be conducted according to different information users differentiation, unlimited scope of finance from agencies, to other information users provide personal only negative financial credit information. In the regulations of financial credit information basic database operation mechanism of credit business detailed specific provision, on the one hand, to promote the orderly development of the credit reporting industry market, on the other hand also can provide ministries and guidelines for the future with more clear legal basis.Based on financial credit information database operation the provisions of the cross-border data exchange problem in today’s information communication under the background of globalization, should not be too vague. Combined with Britain, France on cross-border data provided by the regulation, and draw lessons from the general directive of the European Union to the requirements of the cross-border data exchange between the member states, shall be in the regulations of our country financial credit information basic database operation of cross-border data exchange problem rules corresponding guiding principles and specific procedures. This aspect can promote the development of China’s international trade business, on the other hand also to prevent international financial risks in China provides legal support.