完善我国个人信用征信体系的法学思考

A Legal Thinking on the Perfection of China' sPersonal Letter of Credit System

个人信用征信是解决我国目前信用缺位的有力手段。为了使征信体系得到较全面的法律支撑,需以立法的形式确认个人信用征信体系中各方当事人的权利义务。本文就美国和欧盟对个人信用征信的法律规定进行了比较分析,结合我国有关立法现状,从保护消费者个人信息隐私权和促进个人信用征信业发展两个目标出发,对完善我国个人信用征信体系提出了立法制度构想。

The credit reporting system is helpful to solve the problem arising from lack of personal credit in China. It is vital to make clear the rights and obligations of the parties in relevant laws to promote the development of the credit reporting system. This article introduces and compares the U.S. Fair Credit Reporting Act, the Gramm-Leach - Bliley Act with the European Directive on Data Protection. Based on the lessons from the U.S. and EU also considering our practice, we give some advice on the rulemaking to achieve two goals: protecting the consumer's right to privacy and promoting the credit reporting industry.