The Research On Methods Of Bearing Liability For Torts Of Personal Credit Information

The theory of market economy development to the current stage,has already gone beyond the complete competition category.Research on market economy,the decisive function from the explanation of free price mechanism of commodity exchange and circulation,into the deep layer effect mechanism of commodity prices to explore a new development stage.Because the free market condition needed not all parts can be satisfied,not free price mechanism.Sufficient information is required for the requirements of the free market,and in-depth study found that information is not sufficient flow,which leads to the information asymmetry between the main players in the market,the resulting information more advantage will generate additional economic benefits.Adverse selection of bank personal credit system modern is committed to reducing the information asymmetry caused due to the credit information market,moral risk and so on.Strengthening the construction of social credit has got More and more attention in many countries?Since 2010 China's GDP surpassed Japan to become the world's second largest economy,has been the undisputed world economic power,but still very large credit construction gap with the developed countries.Although countries increasingly attach importance to formulate laws and regulations,in 2005 the people's Bank of China issued ?Interim Measures for the Administration of the Basic Data of Individual Credit Information?,the State Council issued in December 26,2012?Regulation on the Administration of Credit Investigation Industry?,but still lack the right framework for the protection of the personal credit information.In recent years,scholars discussed the right of credit is increased,and called on the income of civil code,but the lack of personal credit information form of tort liability.And the key problem not only in the interests of infringement,liability assume the problem is also essential.I want to be in ignorance of the state,in this paper the definition of the scope of the infringement of personal credit information of our responsibility in judicial practice and combing type comparison-the method of economic analysis for path suggestion "Research on the tort liability of personal credit information for problems,and put forward my proposals.Besides the preface and conclusion,the thesis is divided into four chapters:The first chapter: The scope of the definition of the infringement of personal credit information.This chapter includes five parts,the concept of personal credit information,personal credit information,this paper points out the connotation;characteristics of personal credit information;personal credit information rights;the type of personal credit information infringement,tort norms for the type of personal credit information relief path;the introduction of tort relief path,scholars advocate and judicial practice.The second chapter: the tort liability form of China's personal credit information.This chapter is an important part of the full text,combined with the judicial precedent for including the cessation of the infringement,compensation,apology,eliminate the impact,is to restore the reputation of other forms of liability in infringement of personal credit information in the paper were summarized and analyzed.The third chapter: the reflection of the form of personal credit information tort liability in our country,this chapter will reflect on the form of liability for tort of personal credit information through the comparison of foreign countries and the analysis of law and economics in two waysThe fourth chapter: applicable suggestions for China's personal credit information of tort liability form.This chapter will be based on personal credit information in the form of tort liability practice review and theoretical research,put forward specific suggestions for different forms of responsibility.