论个人征信过程中的问题及其法律调整——以法律关系为线索

On the Problems during the Process of Personal Credit Information and Its Legal Adjustment

个人信用征信是由信息提供者、征信机构以及用户对消费者的个人信息进行收集、存储、加工和利用的过程,法律制度应该围绕这一过程进行规范。其中,不仅要考虑政务信息公开、隐私权及信息财产保护等具体规则的设计,还必须解决政府在建设信用体系中的角色定位、征信机构的模式选择等宏观框架结构问题。清理所形成的诸法律关系,以法律关系为据,才能通过立法去解决问题。

With the appearance of various credit transaction in our country, it became the most pressing matter of the moment to establish the legal system of personal credit information. Personal credit information means the process in which the information provider, credit information service and user collect, store, process and utilize the consumer's personal information, so the legal system of personal credit information should make laws around the flow of personal information. In which, we should not only take the design of the concrete regulations into ccount, such as the publicity of government affair information, rights of privacy and protection of information property and so on, but also resolve the macrostructure problems including locating the government's character in the establishment of credit system and defining the mode of the credit information service. How to resolve these stressing and difficult problems? This paper sorts it out on the clues of the various legal nexus in the process of personal credit information. Then it puts forward the clear and unambiguous way to resolve these problems according to the legal nexus.