Research On The Legal Issues Of The Administrative Supervision Of Internet Personal Credit Investigation

With the continuous progress of Internet technology and the continuous rise of the frequency of using big data,"Internet personal credit investigation",a new product combining Internet technology and traditional credit investigation system,was born.The emergence of Internet personal credit investigation greatly facilitates the public's life,is the result of the rapid development of Internet finance in China,and meets the needs of the modern financial industry and even the whole society.Although the Internet personal credit investigation is derived from the traditional credit investigation,it is greatly different,with its wide information sources,high intelligence and strong timeliness,which has played an obvious role in promoting the development of China's credit investigation industry.However,its combination with the Internet and big data makes the operation mode of personal credit investigation on the Internet significantly different from the traditional operation mode of personal credit investigation in China.Among them,the emergence of big data technology makes the Internet personal credit investigation institutions that have grown up with the help of big data seize this opportunity to master a huge amount of personal information.Internet personal credit registry as a new thing,can not escape savage growth early stage of development,but it is closely related with the social life of the general public,so the development of relative chaos not conducive to the development of credit reporting industry itself,also brought the hidden danger to the development of social economy,the personal credit registry for Internet regulation is imperative,and administrative supervision to meet the government's management duties,also conforms to the international trend.However,there are many problems in the administrative supervision of personal credit investigation on the Internet in China at the present stage,which are embodied in the following aspects: the personal privacy right cannot be effectively protected,the administrative supervision means and level are relatively backward,the regulation on the information fraud of the credit investigation subject is inadequate,and the administrative supervision of personal credit investigation on the Internet is difficult to guarantee the right relief.The author believes that the reasons for these problems are: the unsound legal standard system of personal credit investigation,the failure to establish a credit information sharing mechanism at the institutional level,the unreasonable "unified" personal credit investigation supervision system of the central bank,and the low cost of violation and breach of trust by relevant subjects.This article from the characteristics of Internet personal credit reporting and present situation of Internet personal credit investigation supervision in our country,combining with field outside credit reporting industry in areas such as academic and practice mode of regulation theory and the practice results of Internet personal credit reporting this emerging thing comprehensively grasp,actively explore an innovative administrative supervision way suitable to China's Internet credit reporting industry applicable,specific measures are:(1)perfect the legislation of administrative supervision,including perfecting of specialized laws and regulations revision,innovation at the level of privacy protection legislation,the legislation introduced in " Credit Right" concept,in the legislation to establish comprehensive information sharing mechanism;(2)improve the administrative security monitoring system of personal credit data;(3)improve the mode of administrative supervision,including establishing the mode of multi-department joint supervision,giving full play to the effect of industry self-discipline in the supervision process,and strengthening the effectiveness of supervision through privatization of public administration;(4)improve the legal responsibilities of the relevant parties,including clarifying the consequences of violation of the law by credit investigation agencies and cracking down on the subjects of breach of trust through the "blacklist of breach of trust".The contents of the above four aspects provide reference and ideas for filling in the theoretical blank of the administrative supervision of personal credit investigation on the Internet in China.