On The Protection Of Personal "Credit Interest" In China’s Civil Code

Personal credit is the foundation of the construction of a social credit system.With the continuous deepening of the construction of my country’s social credit system,whether the personal credit protection system is complete is directly related to whether the social credit system can be constructed reasonably.The regulation of the civil law of personal credit is an important part of the personal credit system.Whether its content is perfect or not is related to the scientificity and effectiveness of the construction of the personal credit system.The "Civil Code" that came into effect this year sets personal"credit interests".Included in the protection,"credit" was officially "inscribed in the Code" through the protection of reputation rights.This is a major advancement in the protection of personal credit rights."Credit" is first of all a moral category,including moral codes of conduct such as honesty,compliance with promises,non-fraud,and truthfulness.With the needs of social governance and economic and social development,"credit" has turned into an institutional category,which is more than "in the moral sense".The connotation of"credit" is much smaller,but it still has a certain moral connotation.In the civil law,"credit" is the object of personal credit rights and interests,and its essence is a social evaluation.It is an evaluation of the subjective willingness and objective solvency of credit subjects to perform agreed obligations and promises in economic activities.This kind of trust is gradually accumulated based on the credit subject’s compliance with the principle of good faith in economic activities.It is closely related to the credit subject’s personality and can bring corresponding economic benefits to the credit subject.In addition,credit information,as the basic material for evaluating credit subjects,mainly includes four categories:basic information,positive information,negative information,and other information.It is data and materials that identify the credit status of natural persons,legal persons,and other organizations.The expression of the protection of personal "credit interests" in the "Civil Code"is mainly concentrated in the three articles of Article 1024,Article 1029 and Article 1030.After analysis of semantics,damage and reputation connotation,it is concluded that the applicable objects of the first three norms are general civil subjects,including natural persons and legal persons and unincorporated organizations.In the "Civil Code",there are two different types of "credit interest" regulations,which are closed and open,which constitute "credit evaluation" regulations.The scope of protection for credit subjects not only includes mental damage but may also include damage to economic interests.In addition,credit information providers and credit assessors may also be liable for torts against credit subjects due to their high duty of care.Through analysis,it is found that the existing credit information collection,use and credit repair system and the "Civil Code" personal "credit interest" norms to protect the desire to have some problems after the use of compatible and supporting systems.For example,there is a formal problem in the application of the personal consent mechanism in the application of market credit information collection scenarios,the problem of insufficient restrictions on the use of credit information by administrative entities,and the problem of backward construction of the credit restoration system.The solution to the problem and the improvement of the approach also include three parts.First of all,personal credit information as special personal information,through the application of information scenario theory,can provide a powerful reason for the exception of the personal consent mechanism.Secondly,based on the comparative experience of German law,it is recommended to continue to impose restrictions on"within the scope of performing duties" for administrative entities’ exceptions when using credit information,so as to further restrict administrative entities’ willful use of personal credit information.Finally,in order to solve the problems of lack of special legislation in the credit restoration system,single mechanism,weak professional institutions,and messy restoration procedures,the specific path for establishing and improving credit restoration laws and regulations,the idea of assigning responsibilities for the credit restoration mechanism,and promoting Advocate the development of self-regulatory organizations in the domestic credit repair industry and learn from international advanced experience to improve the solution ideas of credit repair procedures.