| 英文摘要 |
The financial credit reporting legal system plays a crucial role in promoting credit access, preventing credit risks, ensuring financial stability, and building a social credit legal system. While China has made significant progress in establishing a credit reporting system over the past two decades, the current legal framework is inadequate to address the complexities introduced by big data technologies. There are four main areas of concern in the existing system. First, the rules governing information collection are in urgent need of improvement. The current regulations lack clear boundaries on what information can be collected, leading to over-collection and potential privacy violations. The existing negative list approach is insufficient in the big data era, where data sources are increasingly diverse. Second, the protection of data subjects' rights is inadequate. The article highlights deficiencies in the right to know and the right to dispute. For instance, the current system does not differentiate between different types of sensitive information, and the consent mechanisms are often too broad or coercive. Additionally, the dispute resolution process lacks clear standards and efficient procedures. Third, the legal framework for cross-border information flow is incomplete. While China has established basic principles for cross-border data transfer, the specific implementation standards and international coordination mechanisms are lacking. This deficiency hinders China's participation in global credit information exchange and limits its influence in setting international standards. Fourth, the legal regulation system is imperfect. The current regulatory approach as focusing too heavily on market entry while neglecting ongoing supervision. In addition, the regulatory powers of supervisory bodies are limited, and the predominantly government-led regulatory model is becoming less effective as the credit reporting market becomes more diverse and market-oriented in the big data era. To address these issues, the author proposes several recommendations. First, regarding information collection, a positive list approach should be adopted to clearly define collectable information while maintaining flexibility for new data types. Also, the law should establish differentiated collection rules based on data sensitivity and importance. Second, to enhance data subject rights protection, the consent mechanism should be redefined by categorizing information based on sensitivity and relevance to credit reporting. The article also suggests improving the dispute resolution process by clarifying standards and establishing a more efficient, standardized procedure. Third, for cross-border information flow, the recommendations include developing specific security assessment criteria for credit information and strengthening international legal coordination and cooperation mechanisms. The author emphasizes the importance of China actively participating in international credit reporting forums and standard-setting processes. Four, to improve the legal supervision system, the article proposes establishing a lifecycle supervision mechanism, expanding regulatory powers, and adapting the regulatory model to match the evolving credit reporting market structure. This includes incorporating more market-oriented elements while maintaining government oversight. Throughout the article, the author emphasizes the unique challenges posed by big data technologies. These include the vast increase in data volume and sources, the complexity of data processing algorithms, and the potential for more severe privacy breaches. These measures aim to enhance the efficiency of China's financial credit reponing system in the big data era and safeguard national financial security and stability. This research provides a comprehensive analysis of the current state of China's credit reporting legal system in the big data era and offers concrete suggestions for its improvement, which could inform policymaking and further academic research in this field. |
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