Analysis On The Necessity,predicament And Approach Of Legal Management Of Credit Investigation Industry In Our Country

The rise and development of credit investigation industry conform to the development demand of market economy.Its purpose is to share credit information on the basis of ensuring information security and to maximize the use of credit information.The healthy development of credit investigation industry has the significance of improving the efficiency of market transactions,enhancing the level of social governance and optimizing the overall social credit.The modern credit investigation industry in China started in the 1980 s.It originated in the financial field and was promoted by the government.Enterprise credit investigation institutions and businesses developed first,followed by individual credit investigation business into the pilot stage.Through changes and development,it has now formed a credit investigation market pattern in which public credit investigation system,financial credit investigation system and market credit investigation system coexist.With the support of Internet technology and platform economy,China’s credit investigation industry develops rapidly,the demand for credit investigation expands,and the forms of credit investigation are diversified.This paper studies the legal governance of credit investigation industry in China from three aspects: the practical investigation of the necessity of legal governance of credit investigation industry,the normative analysis of the legal governance dilemma of credit investigation industry and the future approach of legal governance of credit investigation industry.Credit investigation industry itself attributes of the public sector,professional business and sensitivity as well as credit bureaus character of strong position and market orientation,and under the current law system of our country’s legislation of credit investigation industry norms and <the social credit law> and <the law on the protection of personal information> to compare differences,determines the credit investigation industry must be independent,unified system of legal norms to regulate and guide.Contradicted with the rapid development of credit investigation market,the legislation of credit investigation industry lags behind,the supervision system is not perfect,and the rights and interests protection mechanism is weak.In addition,the credit investigation industry started late and developed fast,leading to the lack of standardization,marketization and technological development of China’s credit investigation industry,and frequent problems in the credit investigation market.Therefore,we should speed up the legislative planning and perfect the legal system of credit investigation industry in China from three aspects: normative system,regulatory system and rights protection system.First,speed up the legislative process,establish and improve the legal system of credit investigation industry: speed up the unified legislative progress,formulate the credit investigation industry management law;On this basis,further improve the local credit investigation industry norms;Second,to establish and improve the credit investigation industry supervision system: change the supervision concept;Clear the scope of supervision.In terms of subject supervision,the scope of supervision should be expanded.In terms of business supervision,a negative list of credit investigation business should be formulated.Improving regulatory procedures and norms.Scientific market access and withdrawal mechanisms should be set up for credit investigation agencies,and standardization of credit investigation procedures should be refined in terms of business,and standardization of credit investigation services and credit investigation products should be promoted.The third is to set up scientific rights and interests protection mechanism: standardizing electronic signature authentication mechanism;optimizing the information security guarantee mechanism;improving the mechanism for objections and complaints.We should expand the scope of objections and complaints,as well as establish and improve a trans-regional mechanism for objections and complaints.