Credit Right In Individual Credit Reporting System On The View Of The United States Law

In the process of China's market economy continuous development and improvement,the concept of Credit right has appeared from the combination of credit and legal system.Citizens' personal credit right has a great influence on our life,and it is very important to protect the personal credit right.Therefore our academic and practical operation are paying more attention on the protection of personal credit rights,and the legal protection system is also increasingly perfect.The protection of credit right in the legislative level is mainly embodied in three levels,respectively is civil law protection,individual regulations protection and the protection of local credit laws and regulations.At the same time from the regulatory level,the supervision of the People's Bank of China also plays a very important role in protecting citizens' credit rights.Secondly,in the industry self-discipline level,people have been calling for the establishment of industry associations.In the aspect of practice,the bank manager also try to develop operational norms to improve the quality of staff in order to protect citizen's credit right during business operations.But we have to admit that in the current legal theory and legal practice,there still existing many problems in the protection of personal credit right.Firstly,the law is not comprehensive,the expression in the civil law was mainly that there lacks a clear definition of the concept and content of credit right;<Regulations on the administration of credit industry>is not comprehensive and detailed;Local laws and regulations are in low level,and there is a conflict between each other.Secondly,the People's Bank of China supervised poorly,the staff quality of the People 's Bank of China needs to be improved.Thirdly,China has not yet established a special credit association.Finally,the lack of bank internal constraints lead to the violation of citizens' personal credit rights in specific practices.And then we use the comparative analysis method to analyze the protection of the credit right in the United States.Through learning the experience of citizens' personal credit rights protection of the United States,I have made suggestions from four aspects.The first is to build relevant legislative system,the top is the basic law-Civil law.Civil law regards credit right as an independent personality right.The second is to develop regulations specifically for individual credit information systems-<Regulations on theadministration of credit industry>;The third is to develop a single law,which to the national single-line law as a guide and to the local one-way law as a supplement,covering all aspects of personal credit.The forth is the Government should protect personal credit information and protect the development of personal credit investigation.And then,the establishment of industry associations is very important.Industry associations can protect their personal rights through internal regulations to standardize and manage the purpose of individual credit institutions,to achieve the protection of citizenship and the promotion of personal credit development benign balance.Finally,to establish a more stringent internal operation norm of the bank is also very important.Bank managers need to improve the staff's awareness to protect the customer's personal credit right,banking institutions should establish a unified operating standard to conduct a reasonable post-loan management.We have reason to believe that,as China's economy continues to prosper,personal credit rights will get more comprehensive protection.