On The Civil Perfection Of Credit Right In Personal Credit Investigation

For now,the credit right is not an independent right under the current civil rights system in our country.There are still many differences between the academic circles and the basic theory about the connotation of credit right,the object of rights and the content of rights.At the same time of the rapid development of credit information industry in our country,a great deal of cases of infringement on the credit rights and interests of information subjects appear in the process of credit investigation.It is a real problem to be solved that a clear protection of the credit rights of civil subjects is required.The current legislation is unsuitable for the protection mode of credit right,and many credit infringement cases arising from judicial practice adopt the rules of reputation and privacy.In the specific protection system,there are still some shortcomings in the system of information right protection,information security protection,information sharing mechanism and error information objection mechanism in the credit information collection activities.There are still some limitations on the judicial remedy methods that infringe the credit right,the different standards for the responsibility to infringe the credit right and the realistic limitations of the civil remedies,which can not provide a perfect judicial remedy for the credit subject.Credit rights should be evaluated as a trust and social fairness of other civil entities obtained through economic activities by civil subjects as a personality right to retain.By comparing the legislative modes of extraterritorial credit protection with the reality of our country,we think that the legislative mode of credit protection in personal credit information should adopt the direct protection mode,the credit right should be clearly protected as a right in civil law and should be perfected The relevant systems of credit protection: Including the improvement of personal credit information related supporting systems,and clarifying civil remedies for credit rights in personal credit information.