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Legal Regulation of Credit Agency in Our Country

Author: ChenZuo
Tutor: TangBo
School: East China University of Political Science
Course: Economic Law
Keywords: Credit Agency credit information law regulation
CLC: F832.2
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 2
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Abstract


For the purpose of satisfying the demands of market economy and financial system and overcoming the moral hazard and the adverse selection problems triggered by the asymmetry of information in credit markets, the credit investigation comes into being. It is a kind of credit that collect, process, disclose and use the credit information of the personal and enterprise, which plays an important role in the operation of the financial system as well as the development of national economy. One coin has two sides. As the legal person of providing credit services, on the one hand, the credit agency has the positive side that boosts the scale of transactions and promotes the rapid economic development; on the other hand, it has the negative side that leads to unfair competition and the ignoring of the private rights. It deserves the legal regulations to conduct their fair competition and lawful business operations.The first chapter introduces the general principles of the credit agency and affirms its legal status. Furthermore, the legal property of the credit agency and the legal relations with other related subjects in the process of credit investigation are elaborated in this part, all of which makes a theoretical groundwork for the following research on credit agency. The second chapter outlines the developing process and characteristics of the credit agency. The current situation of the legal regulations for credit agency is also analyzed in this part. At the present time, the development of the credit investigation is meeting with the insufficient legal guarantee, the existing laws are in low rank that do not coordinate with the current situation, which brings difficult problems to the three links of credit agency—the establishment, operation and monitoring.In Chapter III, through inspecting the model of credit agencies abroad, combined with our national conditions, I present an assumption on the mode of credit agency in our country. In the initial stage of the credit investigation, the personal credit agency and enterprise credit agency are inseparable from the government’s support; they have different stresses on the mode’s selection. In the step of establishing credit agency, this thesis proposes countermeasures in the aspect of market access, market exit,personnel and facilities.The Chapter IV provides a detailed explanation on the credit information collection and its applying scope in credit agency’operation. It tries to find the conflicting areas between individual credit investigation and individual privacy ,enterprise investigation and business secret. The former tries to balance the struggle by power devolution to person and the latter tries to do this by power restriction.By learning from the experience of European and American regulatory models, Chapter V proposes that our country’s regulatory system should be primarily based on the government’s regulation, and the Self-discipline as a supplement. We should make clear the responsibilities of regulators and government and coordinate the relationship between government and trade association to improve the management of self-discipline . Furthermore, we should affirm the responsibility and the form of undertaking the responsibility when the credit agency violates the rights of person and enterprise.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Banking system and business
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