Research On The Objection Handling Mechanism Of Personal Credit Information

In the background of modern economic activities,the problems of "adverse selection" and "moral hazard" caused by the asymmetry of credit information exist everywhere.In this context,the personal credit system emerges.While improving transaction efficiency and reducing transaction costs,disputes about personal credit occur frequently,and the accuracy and impartiality of personal credit information are compromised to varying degrees.In the case of China’s personal credit industry gradually flowing to the privatization organizations,it’s of vital importance to regulate the rational use of the personal credit information and establish an effective credit rights protection mechanism.Through a certain case search and analysis of induction we can found that most of the current credit disputes are derived from the wrong credit information,and objection processing procedure is the most convenient and effective way to solve such problems.if the information subject in advance to apply for an objection,the occurrence of litigation cases may be avoided,and thus to reduce the waste of legal resources.This paper will focus on the practice of personal credit activities,from the protection of credit information subjective rights as well as the balance between public interest and private interests,combined with the relevant experience of the United States and the European Union to improve the "last safety net" of personal credit work-personal credit information objection handling mechanism and make a certain contribution in the construction of social credit.The first part of this article mainly discusses the individual’s objection right based on a rigorous logical analysis.During the discussion,the related concepts and legal relations,including credit letters and personal credit rights,are described and explained as the legal basis of this article.This part also sets the legal basis of specific content of the objection handling mechanism in next chapter through the relevant discussion and discussion of the dissenting rights.The second part based on the disputes arising from the practice explains and analyzes the cases of personal credit damage caused by the objection information in the individual credit information,which shows that the reasons for the protection of the dissenting rights,and from two aspects of the legislation and the specific system to do a brief analysis.Through the combing of the specific system,the necessity of perfecting the objection handling mechanism is explained.At the same time,the objection handling mechanism is sorted out in detail,and it is summarized as it exists which is not compatible with the protection of the objection rights.The third part mainly uses the mutual practice experience of the protection of consumers for the control of credit information in the United States and the European Union as reference.Through the study and induction of the relating laws and bills,author drawing the advantages of the relevant program design,while illustrates feasibility of the transplantation of the US’s personal credit information objection mechanism in China.The last part is the most important paragraph which combines the shortcomings of the existing mechanism proposed in the second part of the paper and the design of the relevant mechanism in the third part of the thesis,from two aspects of the external environment including the legislative environment,the personal credit system and so on,as well as the objection processing deadline design within the details of the specific internal structure to put forward relatively feasible recommendations improving the objection handling process.What’s more,the transplantation of “notice and remove” rule is outstanding innovation of this paper.