Credit investigation report is an important social name card for individuals, enterprises and other information subjects. All kinds of wrong information in the credit investigation report will cause negative evaluation and actual losses to the information subject. Through the relevant cases analyzed by the people's court, the rights and interests protection of the subject of credit information involves the subject of credit information as a civil subject, the agency of credit information and the provider of credit information including civil and administrative subjects. It is still unclear how does the information subjects choose civil and administrative proceedings to safeguard their rights and interests. This is not only due to the imperfect legal provisions on the protection of credit information subjects in China, but also due to the uncertain boundary between the government's disclosure of personal information and personal privacy. For this, the author suggested to improve the legislation to Enhance the Responsibility of Regulatory Authorities to Protect the Rights and Interests of Information Subjects, set up the individual credit dispute arbitration mechanism host by the credit supervision authority, and participated by the information subject, credit agency, credit center or the information provider, processing the credit objections through the form of administrative arbitration.
| Published in | International Journal of Law and Society (Volume 4, Issue 2) |
| DOI | 10.11648/j.ijls.20210402.22 |
| Page(s) | 150-158 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2021. Published by Science Publishing Group |
Legal Protection, Credit Information, Chinese Law, Credit Supervisory and Management
| [1] | P4, Article 6 of the "Regulations on the Administration of Credit Information Industry", China Legal Publishing House (2013). |
| [2] | http://www.shanghai-cis.com.cn/cisdetail8_41.aspx. |
| [3] | "Three determinations", refers to a fixed organization (determining the unit exercising its duties, including its name, nature and funds), a fixed function (determining the powers and responsibilities of the unit and its internal institutions), and a fixed establishment (determining the number of various establishment units, including internal institutions and leadership positions). The State Council's "three determination plan" is the basic plan of the State Council for its subordinate institutions and departments, and it is also the main content of China's government institutional reform. Its legal basis is the “Regulations of the State Council on the Establishment and Establishment of Administrative Organizations”. |
| [4] | http://www.pbccrc.org.cn/zxzx/zxgk/gywm.shtml. |
| [5] | It only refers to the credit reporting agencies stipulated in the Regulations on the Administration of Credit Information Industry". Although in China, the existing credit reporting agencies have the qualification of enterprise legal person, they are still inextricably linked with government agencies. How to judge their nature should be discussed in the below text. |
| [6] | http://www.shanghai-cis.com.cn/cisgrzx.aspx. |
| [7] | Refer to Li Qing-chi and Guo Li: “Research on the Credit Investigation Legal Framework” [N], Economic Daily Press, page. 17 (2008). |
| [8] | http://wenshu.court.gov.cn/Index. |
| [9] | http://www.pbccrc.org.cn/zxzx/zxgk/gywm.shtml as a specialized credit reporting agency, the credit reporting center performs its duties according to law, actively promotes the construction of credit reporting system, ensures the safe and stable operation of the system, accelerates the system upgrade and optimization, further promotes the service transformation, strengthens product R&D and application, safeguards the legitimate rights and interests of information subjects, and gives full play to the role of credit reporting system as an important financial infrastructure in China, as well as bringing positive contributions to the construction of social credit system". |
| [10] | Germany Friedhelm Hu Fen: “Administrative Procedure Law”, translated by Mo Guanghua, Law Press, page. 211, 2003. |
| [11] | Wang Mingyang, "French Administrative Law", China University of Political Science and Law Press, page. 675 (1988). |
| [12] | Article 7 of the "Trial Measures for the Administration of Personal Credit Information in Shanghai" stipulates that "when collecting personal credit information, the credit reporting agency should obtain the permission of the individual being credited, except for the following circumstances: (1) form bad credit information in credit loan, credit purchase, payment and other activities: (2) records of disciplinary punishments meted out by trade organizations for violation of the principle of good faith by professional personnel in authentication, evaluation, brokerage, consulting, agency and other intermediary services (3) public record information that can be read by the public formed by administrative organs, administrative affairs executing agencies and judicial organs in the course of exercising their functions and powers (4) Personal credit information that has been made to public". |
| [13] | Article 8 of the "Management measures of Shenzhen Municipality for the Individual Credit Investigation and Credit Rating" stipulates that "the personal credit information collected by credit reporting agencies is limited to the following information that may affect the personal credit status: (1) Personal status: name, gender, date of birth, ID number, address, residence, marital status, family members' status, income status, work unit, occupation and education (2) Commercial credit records: personal loan and repayment records in commercial banks, personal credit card use and other relevant records, other credit behavior records in commercial banks, and credit transaction records between individuals and other commercial institutions (3) Social public information records: records of personal taxes, participating in social insurance, and personal property status and changes (4) Special records: records involving civil, criminal, administrative litigation and administrative punishment that may affect personal credit status". |
| [14] | Qi Aimin: "Legal Protection of Personal Information" [J], “Journal of Suzhou University”, 2005, (4). |
| [15] | Du Jingming, Tang Jianguo: "Informatization and Law", Law Press, page. 68-69 (2005). |
| [16] | Zhou Yueli, "Research on the Legal Protection of Personal Credit Information" [J], "Youth Law Journal", 2007, (4). |
| [17] | Li Guangyu: “Judicial Interpretation Textbook of Government Information Publicity [M], Law Press, edition 1, page. 255-256 (2011. 8). |
| [18] | Li Bin, “Legislation and Practice of French Information Freedom Protection” [J], “Journal of Nanjing University”, 2009 (6). |
APA Style
Chen Jiandong, Jiang Zhengxiong, Wang Deling. (2021). Case Study and Exploration for Legal Protection of the Rights and Interests of Credit Information Subjects Under Chinese Law. International Journal of Law and Society, 4(2), 150-158. https://doi.org/10.11648/j.ijls.20210402.22
ACS Style
Chen Jiandong; Jiang Zhengxiong; Wang Deling. Case Study and Exploration for Legal Protection of the Rights and Interests of Credit Information Subjects Under Chinese Law. Int. J. Law Soc. 2021, 4(2), 150-158. doi: 10.11648/j.ijls.20210402.22
AMA Style
Chen Jiandong, Jiang Zhengxiong, Wang Deling. Case Study and Exploration for Legal Protection of the Rights and Interests of Credit Information Subjects Under Chinese Law. Int J Law Soc. 2021;4(2):150-158. doi: 10.11648/j.ijls.20210402.22
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Download@article{10.11648/j.ijls.20210402.22,
author = {Chen Jiandong and Jiang Zhengxiong and Wang Deling},
title = {Case Study and Exploration for Legal Protection of the Rights and Interests of Credit Information Subjects Under Chinese Law},
journal = {International Journal of Law and Society},
volume = {4},
number = {2},
pages = {150-158},
doi = {10.11648/j.ijls.20210402.22},
url = {https://doi.org/10.11648/j.ijls.20210402.22},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210402.22},
abstract = {Credit investigation report is an important social name card for individuals, enterprises and other information subjects. All kinds of wrong information in the credit investigation report will cause negative evaluation and actual losses to the information subject. Through the relevant cases analyzed by the people's court, the rights and interests protection of the subject of credit information involves the subject of credit information as a civil subject, the agency of credit information and the provider of credit information including civil and administrative subjects. It is still unclear how does the information subjects choose civil and administrative proceedings to safeguard their rights and interests. This is not only due to the imperfect legal provisions on the protection of credit information subjects in China, but also due to the uncertain boundary between the government's disclosure of personal information and personal privacy. For this, the author suggested to improve the legislation to Enhance the Responsibility of Regulatory Authorities to Protect the Rights and Interests of Information Subjects, set up the individual credit dispute arbitration mechanism host by the credit supervision authority, and participated by the information subject, credit agency, credit center or the information provider, processing the credit objections through the form of administrative arbitration.},
year = {2021}
}
TY - JOUR T1 - Case Study and Exploration for Legal Protection of the Rights and Interests of Credit Information Subjects Under Chinese Law AU - Chen Jiandong AU - Jiang Zhengxiong AU - Wang Deling Y1 - 2021/06/26 PY - 2021 N1 - https://doi.org/10.11648/j.ijls.20210402.22 DO - 10.11648/j.ijls.20210402.22 T2 - International Journal of Law and Society JF - International Journal of Law and Society JO - International Journal of Law and Society SP - 150 EP - 158 PB - Science Publishing Group SN - 2640-1908 UR - https://doi.org/10.11648/j.ijls.20210402.22 AB - Credit investigation report is an important social name card for individuals, enterprises and other information subjects. All kinds of wrong information in the credit investigation report will cause negative evaluation and actual losses to the information subject. Through the relevant cases analyzed by the people's court, the rights and interests protection of the subject of credit information involves the subject of credit information as a civil subject, the agency of credit information and the provider of credit information including civil and administrative subjects. It is still unclear how does the information subjects choose civil and administrative proceedings to safeguard their rights and interests. This is not only due to the imperfect legal provisions on the protection of credit information subjects in China, but also due to the uncertain boundary between the government's disclosure of personal information and personal privacy. For this, the author suggested to improve the legislation to Enhance the Responsibility of Regulatory Authorities to Protect the Rights and Interests of Information Subjects, set up the individual credit dispute arbitration mechanism host by the credit supervision authority, and participated by the information subject, credit agency, credit center or the information provider, processing the credit objections through the form of administrative arbitration. VL - 4 IS - 2 ER -
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