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The Legal Protection of Credit Rights for the Person Who Undergoes Credit Checking

Author: ZhangZuo
Tutor: LiuDingHua
School: Hunan University
Course: Economic Law
Keywords: Credit Checking The Right to Credit The Main Credit Legislation to Protect
CLC: D922.28
Type: Master's thesis
Year: 2009
Downloads: 63
Quote: 1
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Abstract


The right to credit refers to a kind of mixed rights related to personality and property that the civil subjects obtain the corresponding assessment of trust and enjoy their protection and preservation on the economic capacity of their community. It is significant for both micro-rights protection of civil subjests and the macro-economic management of the country to strengthen the legal protection of credit rights for the person who undergoes credit checking.China’s civil legislation does not specify the right to credit except in a number of laws, local laws and regulations relating to credit and credit interests, it is not enough of the efforts of the protection of the right to credit, impeding the construction of credit system and the development of market economy, so it is urgent to improve the legal system of the protection of the credit rights for the person who undergoes credit checking.In the issue of the legislative mode selection, the current indirect protection model has been unable to meet development needs of market economy. In order to meet the development needs of a modern market economy, follow the trend of the times, our country should take direct protection mode in civil legislation, clearly stipulate the right to credit, and take effective measures to protect the right to credit of the person who undergoes credit checking. As to the specific system construction, referring to foreign legislative experience, combined with China’s specific national conditions, it is proposed that the right to protection legislation of our credit, the protection system of the credit right can be constructed from the following four aspects: First, clearly define the scope of credit information collection; Second, rationally regulate the way of credit information and the period of using; Third, reasonably identify rights and obligations of the credit subjects; Finally, explicitly state legal liability against the credit right.With the development of the market economy, people are beginning to realize the market economy is the credit economy, strengthening the right to credit of the person who undergoes credit checking of the legal protection is significant for building a credit system and addressing the problem of information asymmetry, and promoting the healthy development of market economy. In the future we should strengthen the provisions in the side in legislation.

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CLC: > Political, legal > Legal > Chinese law > Financial Law
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