Credit information of jurisprudence research
|School||Southwest University of Political Science|
|Keywords||credit investigation trust credit information legal protection information sharing punishment to credit-losers|
Constructing credit investigation system is the core to build social credit system. Though credit investigation, which is already a fact in social economic life, has achieved support from theories on sociology, economics and management, the business of credit investigation does not develop smoothly. It is faced with some strong challenges and suspicions. To make our social credit system built under good preparation, we have to do more hard work on analysis, careful dialogue, and even relatively much compromise. This dissertation focuses on balancing the confrongting relationship between the legal protection for the rights of information and credit information sharing in credit investigation from jurisprudential perspective with a close eye on the operating process in credit investigation. By putting credit investigation within the context of building social credit system, and incorporating the practice on credit investigation in China and abroad, The dissertation analyzes the normalization in Chinese credit investigation and its legal principle so as to eliminate the people’s doubt on credit investigating, to realize the free conmmunication and sharing of information and the efficient supervision of government on credit investigation market, and to promote the market bodies concerning their credits and avoid credit-losing activities.This dissertation consists of five chapters besides an introduction and a short conclusion.The introduction mainly discusses the motives and aims for writing this dissertation, the research conditions in relative fields in China and abroad, the innovation and deficiencies of the dissertation, and the approaches and thought for this topic. For the credit crisis in China’s social economic life, it is called to carry out credit investigation on market bodies and punish the credit-losers, therefore the credit investigation occurs. At the same time, many people worry about the acts carried out by credit investigation agencies on collecting, dealing with and disclosing the consumers’ or enterprises’ credit information, worrying that the credit investigation may jeopardize personal privacy and commercial secret. In addition, information has been one of the most valuable resources in information society. There are rich materials in research and legislation on the root in social trust, the characteristics of information society and the protection of data information, which establishes a broad platform for the development of this dissertation. The jurisprudential analysis is a response to these concepts and legislation achievements, which may act as a target for attack.ChapterⅠis the understanding on credit investigation from multi-perspectives, which mainly focuses on implications of credit investigation and corresponding concepts, such as credit, trust, information and credit information, and the significance of credit investigation in social economic life from perspectives on sociology, economics and management. Credit investigation to a large extent is a company of social division and credit trade. Social division creates exchange, but exchange could not go without trust, while the establishment of credit could gain trust. Credit investigation refers to a kind of service activities that the credit investigation agencies collect the consumers’ and the enterprises’ credit information by all kinds of means, sort and select the information, and evaluate and validate the credit of the target in accordance with certain standards. Though credit could be applied in three levels, moral, economic and legal, it relates to economic life more. Credit is a capability to gain commodity, service or currency without paying cash on the basis of trusting the promise from the debt payer to pay the creditor. Nevertheless, information refers to a state and form for things to move as an attribute of materials. There are three basic functions for information, that is, transmission, organization, and promotion. The object for credit investigation is credit information. Credit investigation consists of consumers’ credit investigation and enterprises’ credit investigation for their subjects. Theories on sociology, economics and management can prove that credit investigation does have special value and function on establishing social trust, reducing trade risk and improving enterprises’ management. The historical necessity of credit investigation, the rightness for the purposes of credit investigation, and the benefit from the credit investigation, and the contract theory on rights de-misability all prove the legitimacy for credit investigation.ChapterⅡis the legal status for agencies on credit investigation and its establishing mode, which focuses on the legal subjects, esp. agencies on credit investigation, and the establishing mode on establishing agencies on credit investigation. The reality on social economic development urges the confirmation and regulation on the legal personality on groups from legislation. It is more reasonable to regard agencies on credit investigation as social service agencies than regarding it as enterprises or government agencies from legal nature. Agencies on credit investigation are the core subjects and the core of contradiction. The legal relationship between agencies on credit investigation, the suppliers of credit information, and the information consumers is formed in accordance with contracts. The relationship between agencies on credit investigation and data subjects is very subtle, and agencies on credit investigation should respect the right to learn the truth from the data subjects without violating their privacy and commercial secrets. The mode to carry out credit investigation abroad mainly consists of the market operated credit bureau mode in US, pubic credit investigation agencies mode in EU, and the membership mode in Japan. Based on Chinese practice on credit investigation, China should follow the credit investigation mode involving multi bodes and levels, and the way that China’s credit investigation system should go in the future is private-oriented.ChapterⅢis about the legal protection of credit information and the information sharing in credit investigation’s legal relation, which focuses on the rights and interest in credit information from legal relationship perspective. Credit information as legal subject is a combination of different interests on property, personality, state security and political involvement. In credit investigation, different bodies have different interests’ appeals represented by rights contradiction. Data bodies try to pursue the. control on information to protect individual privacy and enterprises’ commercial secrets. While credit investigation agencies, information suppliers and information consumers try to hold that information should flow freely and be shared by society to secure the social bodies consuming information resources, to maintain social public interests and market order for the aim of information democracy. The data on credit investigation manly comes from government agencies, which may cause information bottleneck because these agencies may form information monopoly for their own interests. To balance the sharing on credit information and protection on date bodies information control, we should insist on the following principles: principle of balanced interests, differential protection principle, principle of informed consent, principle of rationality and caution.ChapterⅣis legal research on credit investigation behavior, which mainly analyzes and explains the legal principles followed by credit investigation behavior from behavior perspective. Credit investigation agencies may collect credit information through due channels, which may be carried out from the data bodies directly or from public administration department, other units or persons. The negative and active credit information should be collected fully with some concern on the protection of individual privacy and the enterprises’ commercial secrets. In dealing with credit information, we have to respect and protect the data bodies’ right on credits, esp. when presenting the data bodies’ credits report or evaluating the credit level. To guarantee the quality of credit products, we should insist on the standards of integrity, correctness, and effectiveness, otherwise, the credit investigation agencies should assume tort liability. When disclosing credit information, the credit investigation agencies should take reasonable means to take active response on the right requirement from the data bodies such as the information inquiry, objection and credit remedy.ChapterⅤfocuses on the relationship between government and society, the society and credit-losers. Under market conditions, the government is not only a pure night watcher and an order protector, but also an important participator and propellant to build social credit system. Supervision on credit investigation is a combined system involving government supervision, self-discipline from the trade, supervision from the press, and supervision form the consumers. Considering the current conditions for Chinese social credit system building, we may authorize departments on central bank, business administration, tax administration, customs, quality supervision and commerce by legislation to perform the supervision function on credit market. Though the traditional law doubt on punishing the credit-losers, it is necessary to punish credit-losers to maintain the social public interests and public order. Credit-losers’ punishment mechanism is a comprehensive protection system combined legal obligations and social autonomy. The punishment on credit-losers focuses on economic, moral even social activities fields to achieve punishing and precautionary aims. The punishment on credit-losers is to be carried out after certain legal procedures within reasonable limits.The conclusion further analyzes the relationship between credit, and law and moral, and discusses the attribution of law on credit investigation. Credit is not a pure moral, economic or legal issue but a large systematic project. When legal, moral, cultural, economic factors could co-ordinate and develop well, the credit investigation system could play its largest economic interests and social interests, and only under these conditions Chinese social credit system could be built eventually to reach social trust and harmony. It is reasonable to put law on credit investigation as part of economic law.