Research On Personal Credit Rights In Credit Industry

The credit right is a kind of civil rights set by the civil law countries represented by Germany and Japan in accordance with the "credit principle" and aims to protect the "credit interests" of the civil subject.Since China's first credit rating company,Shanghai Yuandong Credit Rating Co.,Ltd.,emerged in the 1990 s,credit information industry has developed rapidly.In 2006,the People's Bank of China Credit Information Center was established to manage the financial credit information database.At the same time,in 2013,the State Council promulgated the Regulations on the Management of Credit Information Industry,marking the scale and standardization of the management of the credit information(especially the credit information between banks)of the main entities in the market economy in China.Related to this,from the 90 s of last century,some scholars in China pointed out that the concept of “credit right” should be introduced or created in civil laws and regulations to protect the credit interests of individuals and enterprises.After decades of theoretical development,and the changing of our economic landscape,more scholars are looking at the "credit economy",and the idea of protecting individual civil rights is that our country should be in the right civil law,to join the law of credit.This article believes that in the field of personal credit investigation,under the existing legal framework in China,although it is determined that the approach to trial is different,it is still possible to effectively protect the credit interest of credit rights.Therefore,there is no need for China to create or introduce credit rights.This article first introduced the basic conditions of credit rights and credit interests,including concepts,characteristics,etc.,combed relevant laws and regulations related to indirect credit protection in China,followed by focusing on specific cases,analyzing and discussing different trial judgments on credit interests.In the end,I divided the credit interest into personal interest and economic benefit,and put forward the reasons for different trial approaches in China to reach the same trial result.This shows that China's existing legal framework can effectively protect the credit right and the creditinterest it covers.