The Research On Rights Protection To Persons Whose Credit Information Is Collected In Online Credit Investigation

Before the year of 2015,the Credit investigation is mainly led by the People’s Bank of China with a public nature of the traditional credit.The People’s Bank of China said in a statement that it has told eight non-bank institutions that they should be ready to conduct personal credit information operations within six months in January 2015,including Zhi Ma Credit,Tecent Credit and Lakala Credit etc.It announced the first batch Access to personal credit license of the list of institutions.This marks the opening of China’s credit industry to the market and the market capital began to enter the credit industry and to establish credit agencies to carry out credit business.The eight credit agencies closely connected in the nature of the agency and credit business model and many other Close contact,the formation of a new credit model-the Internet credit.So 2015 is also known as the Internet credit "first year".The emergence of Internet credit has played a positive role in promoting the development of credit and credit system in China.However,because the existing credit legislation does not take into account the new credit model of Internet credit,so many provisions do not apply;Coupled with the Internet credit has a different characteristics of traditional credit,the relevant rights protection to persons whose credit information is collected in online credit collection is threatened.This paper puts forward some suggestions on how to reconstruct the system of the rights of credit information subjects by referring to the experience of the credit legislation in the Internet.The first chapter is the introduction,which mainly explains the background,significance and innovation of this paper,and explains the current research situation of Internet credit information at home and abroad,and describes the research contents,ideas and methods of this paper.The second chapter analysis the legal principle of the Internet credit information,analyzes the concept of credit information and Internet credit information,and introduces the development history and current situation of China’s Internet credit information.Compared with traditional credit information,analyzed the advantages of the Internet credit information.Internet credit is a contractual act,and from the subject,object and content of the three aspects of the Internet credit information in the basic legal relationship.The third chapter discusses the rights enjoyed by credit information subjects,and analyzes the three kinds of rights of privacy,credit and personal information.It analyzes their concept,content,theory and other connotations respectively and does the comparison analysis to explore the differences.The fourth chapter analyzes the status quo of the protection of rights of credit information subjects’ rights in the Internet credit investigation from three aspects: the current legislation,the infringement performance and the existing problems.It clarifies the legislation system of the rights protection of our country and the corresponding protection system.Analysis of the existence of the infringement of the rights and interests of credit information subjects in the Internet credit industry.It is revealed that the protection of the rights of credit information subject shave some imperfections,such as the low level of the laws,the rights setting is not reasonable,the scope of credit information collection is not clear,the right of consent and the right to know can not be guaranteed,and the credit evaluation is unreasonable,and so on.In the fifth chapter,Investigation of the protection of the rights of credit information subjects of the Internet credit investigation,and take the essence.the paper puts forward the proposal of reconstructing the protection system of the credit information subjects’ rights in view of the existing problems in the protection of the rights of information subjects in the Internet credit investigation: to improve the Internet credit investigation related laws and regulations;to regulate the Internet credit investigation in the scope of credit information collection;to ensure that the recipient has the right to consent and the right to know;to improve information sharing and credit rating;to encourage the development of industry self-discipline and to improve the regulatory mechanism.Chapter 6,the paper says whether it is on theoretical research or credit legislation it should be aimed at the characteristics of Internet credit,as well as the new problems caused by them,clear the scope of Internet information collection,perfecting the system of protecting the right of credit information subject,and so on,it is for the balance of the development of the Internet credit investigation industry and the protection of the rights of the credit information subject.As a new way of credit,there is a bright future for the development of Internet credit investigation.