Research On The Tortious Liability Of The Distortion Of Bad Credit Record In Personal Credit Report

Personal Credit investigation,also known as personal credit survey,usually refers to the professional activities that the credit bureaus collect personal credit information of trading activity in daily through legally various channels and record or assess the credit information of collecting according to certain standards.In personal credit reporting activities,the scattered credit information generated by the credit subject in the daily economic activities is collected by the credit reporting agency into the credit information database.The credit information agency makes the credit information in the credit information database into a corresponding credit record report or credit evaluation report.The user of the credit information understands the credit status of the subject of being credited according to the report provided by the credit information agency,and judges the The ability of the subject of being credited to pay off the debt.The developed Credit investigation industry can not only effectively regulate the current situation of the lack of social credit in my country,but also benefit the development of the market economy.With the rapid development of my country's credit investigation industry,the share of credit transactions in the economic field is increasing,and the good credit status brings great benefits to the information subject.But on the other hand,if there is a distorted and bad credit record in the personal credit report provided by the credit reporting agency,the loss to the credit subject is also incalculable.Because in modern life,personal credit reports are often used in the economy and other fields.If there is a distorted and bad credit record in the personal credit report,the subject of being credited may lose the opportunity to borrow and enter the job.The right to remedy is a very critical issue.By analyzing the relevant cases collected in the judgment documents website,the author found that there are a large number of infringement disputes caused by the distortion of bad credit records in personal credit reports in judicial practice,but since China does not clearly specify credit rights in legislation,judicial practice There is a lot of controversy over the establishment of tort liability and the determination of thescope of liability in cases of infringement of distortion of bad credit records in personal credit reports.Therefore,the author believes that it is necessary to discuss this issue.This article attempts to analyze the tort liability elements and damage compensation scope of such cases based on a typical case in which the subject of being credited suffers distortion of bad credit records due to bank faults,and reflect on the problems in the protection of the the subject of being credited in China's current civil legal system.finally put forward some of own suggestions.This article is structurally divided into three parts:The first part is the introduction of the case,which mainly introduces the case,the court decision and the focus of the dispute in this case.The second part is the legal analysis triggered by the controversial focus of this case,which is the focus of this article.This part mainly includes the following contents: the first is the analysis of the infringing object of distortion of the bad credit record in the personal credit report;the second is the analysis of the constituent elements of the tortious liability of distorted bad credit records in the personal credit report and determine whether the defendant bank's behavior of reporting distorted bad credit information constitutes constitutes an infringement;the third,it analyzes Whether the mental loss of subject of the being credited that is caused by the bank and other financial institutions to submit the distorted bad credit information should be compensated;the fourth is to analyze the scope of compensation for the property loss caused by the distortion of bad credit records in the personal credit report to determine the scope of damages that the defendant bank should bear.The third part is the jurisprudential thinking caused by the case,to reflect on the problems of the existing civil legal system in china about regulating tortious liability of distortion of bad credit records in personal credit reporting and finally put forward suggestions to improve the protection of the credit interests of the subject of being credited in our personal credit system.