Analysis On The Legislative Protection Of Personal Credit Rights And Interests

No man can stand without faith.In the era of information explosion and rapid development of science and technology,the impact of credit on individuals is no longer limited to the intuitive evaluation of acquaintance society.The expanding social communication circle has formed a pattern of stranger society collectively depicting personal credit image and evaluating individual credit status.In the information society and risk society,personal credit not only describes personal moral quality or performance ability,but also an important factor for the government to carry out social governance and public management.It is a sharp weapon for business participants to obtain more business value.Therefore,it is imperative to improve the legislation on the protection of personal credit rights and interests based on the protection of human rights and the measurement of interests.Protecting personal credit rights and interests,which have the attributes of personality rights and property rights,public law and private law,is not only conducive to shaping the legal logic of national governance,but also can promote the optimization of business environment and enhance social mutual trust.More importantly,it helps individuals resist the threat of arbitrary expansion of power to personal rights.Based on the analysis of the contents related to the protection of personal credit rights and interests in China’s existing policy norms,legislation at the central level and legislation at the local level,it is found that the protection of personal credit rights and interests in the current credit legal norms presents a mess of insufficient legitimacy and difficult to meet the requirements of the rule of law,And the lag that is inconsistent with the development of the information age: the legislative model of policy leading and local experiment leads to the absence of the basic law of credit as the normative basis;The differences in legislative ideas and needs between legal norms lead to the lack of integration of the hierarchical order structure of the legal system;The conflict between legal values such as freedom,order,efficiency and security leads to the anomie of personal credit information processing;The alienation of the system function of credit punishment leads to the improper expansion of dishonesty identification and punishment measures;The absence of tort liability leads to the weakness and passivity of credit tort relief rules.Therefore,in combination with China’s actual needs and extraterritorial legislation,in order to realize the comprehensive and effective legislative protection of personal credit rights and interests and open up a Chinese road for the legislative protection of personal credit rights and interests,we should formulate a credit basic law with the dual orientation of authorization and limitation,and build a complete style with the comprehensive application of departmental law thinking and domain law thinking Establish and implement the principles of legality and proportion of personal credit information collection,openness and security of use,and construct a dishonesty punishment system under the direction of flexible supervision by carefully grasping the type identification of dishonesty,creating differentiated punishment measures and application rules,Improve the legal liability bearing mechanism of credit infringement based on the complementary cycle of civil execution.