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Study on Law Pattern of Enterprise Credit Bureau

Author: LuoZuoZuo
Tutor: LuDaiFu
School: Southwest University of Political Science
Course: Economic Law
Keywords: Credit checking Enterprise Credit bureau Pattern of Law
CLC: D922.29
Type: Master's thesis
Year: 2009
Downloads: 116
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Abstract

The modern market economy is a credit economy established on the rule of law. The issue of the enterprise’s credit is an issue to which we should pay high attention now, and it is a subject worth studying how to stop the enterprise’s discredit by law. The collection and the use of the enterprise information are very important in credit control. As a professional organization, an enterprise credit bureau gathers the dynamic and useful enterprise information in a certain way, and then provides a series of specialized services such as a credit investigation report according to information obtained, which is a centralizing force with in the activity of credit control under the developed credit economy circumstance. So, it is necessary to promote the development of the enterprise credit bureau especially in China. On the one hand, an enterprise credit bureau supplies a credit information gap by the form of the credit investigation report in a deal, on the other hand, by a data base which actually is a specific mechanism which belongs to the enterprise credit bureau supply, an enterprise’s discredit can be known by other enterprises easily, which forms a strong social penalty towards the enterprise who has broken faith and a strong encouragement towards the enterprise who has good faith. So, the development of the enterprise credit bureau has an important meaning for the development of its industry and establishment of the social credit system.At present, the fundamental problem is to solve the problem that how to define the legal nature, legal status of the enterprise credit bureau and all other issues which lien with the frame of the enterprise credit bureau. In fact, all of these problems are about the issue of the law pattern of the enterprise credit bureau, which should be solved at the first beginning of establishment of the enterprise credit bureau. After a few years development of the credit market, the enterprise credit bureau in China shows its characteristics: the existence of a mass of enterprise credit bureaus which are different legal nature; the difference in principal part of clients between the developed countries and China; the trend of monopoly of the development of the enterprise credit bureau. So, the regulation of the enterprise credit bureau becomes an important link to promote the development of the enterprise credit bureau, and how to choose the right law pattern is decided by the understanding of the character of the enterprise bureau and the experience of the developed country. On the base of the above analysis, the basic framework of this paper is as follows:The first part is Preface, including the background of the topic to be discussed, and its significance; researches on the topic and some related concepts, literature review for the situations at home and abroad.The second part is an introduction of the concept of the enterprise credit bureau and the meaning of the law pattern of the enterprise credit bureau.The third part is researches on two primary law patterns of the enterprise credit bureau in the world, including the "American model" and the "European model" which are dominant separately by the market and the government. After the introduction of these two patterns, the writer indicates the different characters between these two patterns, and gets several enlightments on the choice of the law pattern of the enterprise credit bureau in China.The forth part is a summary of the actuality of the enterprise credit bureau in China and a suggestion for the choice of law pattern of the enterprise credit bureau in the future. This part discusses two questions: the actuality of Chinese enterprise credit bureau at present which includes the character of Chinese enterprise credit bureau and the problems existing in its law pattern, and the question about how to choose the law pattern of the enterprise credit bureau in China.The fifth part is a conclusion which summarizes the main point of this paper. By the research, the writer comes to the following conclusion: the enterprise credit bureau is a kind of professional organization with Corporation juridical personality; The experience of the developed countries shows us that the situation of our own country and the characters of different types of patterns of law should be considered while choosing the law pattern of enterprise credit bureau in China; After studying the character of Chinese enterprise credit bureau and reviewing the international experience ,the writer considers that the choice of the law pattern of the enterprise credit bureau includes four issues: Firstly, the enterprise credit bureau should be defined as a corporate body. Secondly, the general adoption of the market principle is the foreordination of the development of Chinese enterprise credit bureau in the future. Thirdly, the establishment of the public credit register should suit for the situation of our own country. At last, the regulation of the private credit bureau is quite important.

Study on Law Pattern of Enterprise Credit Bureau

Abstract

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