大数据时代个人征信市场化的法治路径

The rule of law path for the marketization of personal credit in the era of big data

个人征信的市场化与法治化发展是市场所需,大势所趋,二者相互驱动,相辅相成。长期以来,我国个人征信业市场化进程缓慢,存在波动的政策风险、事实上的行政垄断嫌疑、政府过度干预市场等问题,尚未实现行业的稳健发展,有悖于优化营商环境与构建法治政府的内在要求。政府与市场关系是贯穿个人征信市场化、法治化改革的主线,也是寻求路径优化的关键突破。具体而言,政府明确顶层设计,重塑监管思路;放松准入管制,激发市场活力;加强协商互动,树立科学标准;在事中事后阶段,采取包容审慎的态度,分类监管与功能监管的理念,从政府单向管制走向多元主体合作治理,用法治保障个人征信行业的市场化进程。

The development of marketization and legalization of personal credit is the demand and general trend of the market, which drive and complement each other. For a long time, the marketization of China’s personal credit industry has been slow, with problems like policy risks of volatility, suspicion of administrative monopoly, and excessive government intervention in the market, which not only fails to achieve successful development of the industry but also runs counter to the inherent requirements of optimizing the business environment and building a government based on the rule of law. The relationship between the government and the market is the main thread that runs through the marketization and legalization of personal credit and the critical breakthrough to seek the optimization of the path. Specifically, the government should clarify the top-level design and reshape the regulatory thinking, deregulate access and stimulate market vitality, strengthen negotiation and interaction and establish scientific standards. In the mid to late stages, it should adopt an inclusive and prudent attitude, and the concept of classified supervision and functional supervision, move from one-way government control to cooperative governance by multiple subjects and safeguard the marketization process of personal credit industry with support of rule of law.