| Credit information sharing can make the real credit status of the information subject transparent in the transaction activities,can play a role in saving the transaction cost,changing the status of the unequal ability of the two sides of the transaction to master the information,effectively reducing the moral risk and adverse selection caused by the information asymmetry.It in line with the financial law to prevent financial risks,protect the legitimate rights and interests of investors and creditors Theory.However,the excessive sharing and circulation of credit information will certainly damage the rights and interests of credit information subjects and the normal operation of the financial market.Therefore,in order to balance the interests of information subjects and social public interests,it is also very important to formulate appropriate legal systems to protect the rights and interests of credit information subjects in the credit information sharing system.The rapid popularization of e-commerce has given birth to the Internet credit industry,and increased new challenges and opportunities for the full realization of credit information sharing.China has already realized the necessity of building a credit information sharing system,formulated a number of credit laws,such as the regulations on the administration of credit investigation and established credit information sharing platforms to share credit information.However,due to the legal basis of comprehensive sharing is weak,the system of credit information mixed sharing mode is not perfect,and the inconsistent catalogues and standards of credit information sharing,the information sharing among the central bank credit system,Internet credit system and users who need to use credit information is seriously hindered,which leads to the phenomenon of isolated credit information island.In addition,the protection of the rights and interests of credit information subject is facing new difficulties.The rights and interests of credit information subjects are more vulnerable to infringement under the condition of the emergence of Internet technology and the lack of protection of the rights and interests of information subjects in existing regulations,which will make credit information subjects lose confidence in the market and hinder the realization of credit information sharing.Therefore,we should speed up the pace of solving the existing legal problems in credit information sharing,and create a good legal system to support for credit information sharing.Under the guidance of the theory of information freedom,the theory of preventing and resolving financial risks,the theory of realizing efficiency and security value in financial law and the theory of balancing,this paper studies the legislation and practice of credit information sharing in China,combined with the actual situation of China and the overseas systems,to solve the problem of information island and insufficient protection of information rights and interests in credit information sharing.The main body of this article consists of four parts:The first part is the basic theory and the question of credit information sharing.This part firstly summarizes the basic theory of credit information sharing,including the concept and characteristics of credit information.The part secondly expounds the theory of information freedom,the theory of preventing and resolving financial risks,the theory of realizing efficiency and security value in financial law and the theory of balance,which are the basis of the construction of credit information sharing system,to prove the necessity and importance of realizing credit information sharing in the financial market,and to provide a theoretical basis to solve the problem of credit information sharing system.Secondly,combined with the existing legal system and practice in China,put forward the credit information collected by the credit investigation center of the people's Bank of China is not comprehensive,the credit information shared by the Internet credit investigation institutions is not effective enough,the same subject repeatedly borrows seriously and other credit information island problems,as well as the credit information subject's privacy rights are easy to be violated,the right to know and consent and other basic rights with weak protection and other insufficient protection of interest subjects' rights and interests problems.Therefore,it is necessary for credit information sharing to solve isolated island of credit information and weak protection of rights and interests of credit information subjects.The second part is the legal problems of credit information island.This part is based on the reasons for the formation of the credit information island,specifically from three reasons: the law of credit information sharing is not enough,the system of credit information sharing mode is not perfect,and the sharing catalogue and standard are not unified.Firstly,the legal basis of credit information sharing is weak,the update is not timely,the level is low,and the regulations on Internet credit agencies participating in credit information sharing are lack.Secondly,through the comparison of various credit information sharing modes,it is determined that China should adopt the mixed credit information sharing mode,and further analyzes the legal problems of incomplete information sharing within and outside each credit system in the sharing mode system.Finally,it discusses the important role of credit information sharing catalogue and standardization system in the integration of a large number of credit information between different credit systems,but there are still problems of disunity.The third part analyzes the legal problems of insufficient protection of the rights and interests of credit information subjects in credit information sharing.The protection of credit information subject rights and interests has always been the top priority of the traditional credit investigation industry supervision.With the rapid development of Internet credit investigation,the rights and interests of credit information subject are more likely to be infringed,the existing laws and regulations cannot meet the protection of credit information subject's rights and interests in the new situation.On one hand,in the credit information sharing,the three aspects of the collection stage of credit information are not uniform,the scope is not clear,the users and the scope of use are not divided,the purpose of use is not clear,and the rules of credit information security are too general,which can make the information subject's privacy and independent decision rights violated.On the other hand,the right of consent,the right to know,right to dissent,right to be forgotten and right to relief of the information subject under the law also present the problem of weak protection.The fourth part is to suggest how to solve the isolated island of credit information and the insufficient protection of information subject's rights and interests on the basis of the above.First of all,by improving the legal basis of credit information sharing,making further provisions on the credit information sharing rules of financial credit information basic database and Baihang Credit establishing a unified credit information sharing directory and standardized system to solve the problem of credit information island.Secondly,put forward the balance principle to reconcile the relationship between credit information sharing and credit information subject's rights and interests,and analyze the regulations and practices of protecting personal data in the world,which are mainly divided into two models: the United States balanced protection model and the European Union strict protection model.The United States focuses more on the development of the credit investigation industry,however the EU focuses more on the strict protection of the rights of the information subject.Finally,by refining the rules of collection and use of credit information,strengthening the construction of information security protection to solve the problem that the privacy right and independent choice right of credit information subject are easy to be infringed;by strengthening the provisions of the right to consent and the right to know,refining the objection handling mechanism,constructing the specific provisions of the right to be forgotten and defining the position of judicial relief system to strengthen the protection of the basic rights of credit information subject. |
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