CAJ | 학술논문

信用权立法的缺失及其信用法律体系的缺陷是导致目前中国失信行为泛滥的重要原因。信用权作为信用法律体系的重要一环具有不可替代的作用。信用法律体系尚不完善，缺乏统一的征信立法以及对信息利用的监督，在民事权利体系中尚未确立信用权。借鉴国外信用立法的先进经验，为我国信用体系的发展和完善提供一些思路。中国的信用法律体系建设必然以信用权的确立为起点，并以征信立法的完善以及对有关信用信息的应用的规制完善作为重点。完善的信用法律体系的建立必将促进中国市场经济的健康发展，并为法治国家的建立奠定坚实的基础。
신용권입법적결실급기신용법률체계적결함시도치목전중국실신행위범람적중요원인。신용권작위신용법률체계적중요일배구유불가체대적작용。신용법률체계상불완선，결핍통일적정신입법이급대신식이용적감독，재민사권리체계중상미학립신용권。차감국외신용입법적선진경험，위아국신용체계적발전화완선제공일사사로。중국적신용법률체계건설필연이신용권적학립위기점，병이정신입법적완선이급대유관신용신식적응용적규제완선작위중점。완선적신용법률체계적건립필장촉진중국시장경제적건강발전，병위법치국가적건립전정견실적기출。
The lack of legislation of credit right and the defect in the credit legislation are the main reasons for the current proliferation of acts of credit fraud. As an important part of the credit legal system, credit right has an irreplaceable role. The imperfect credit legal system, the lack of uniform credit reporting legislation, as well as the lack of supervision of the use of information manifest that credit right has not been established in the civil rights system. Learning from the experience of foreign credit legislation, this paper aims to provide some ideas for the development and improvement of China's credit system. It is pointed out that, the establishment of credit legislation system in China should take credit right as a starting point, and the credit reporting legislation as well as the regulation of credit information as priorities. The establishment of the credit system is bound to promote the healthy development of China's market economy, and to lay a solid foundation for the establishment of the rule of law.