One article takes you to understand the credit evaluation of those things

Reputation

Credit rating

Lawy

As the saying goes, "It's good to borrow good, it's not difficult." Imagine if two people borrow money from you at the same time, would you choose to lend money to those who are better in credit, or would you borrow to those who often borrow money? The answer is obvious. This is the case for individuals, and for an enterprise, in the context of the modern social credit reporting system, before the economic activities with other civil subjects, enterprises often make risks on this economic activity. Essence If an enterprise records well in the bank's credit reporting system, when he needs to borrow a "huge sum of money" from the bank, it is often easier to get bank loans. , Make it easier to get bigger and stronger. Therefore, many companies and individuals continue to attach importance to their own credit evaluation.

So, what is credit evaluation? Credit evaluation is collected by credit evaluations according to certain methods and procedures and records the credit information of civil entities. Based on this information, other social subjects can form social evaluations of the credit status of civil subjects and their willingness to perform their contract. These credit information include not only credit information recorded by credit reporting agencies, but also records of third -party platforms for e -commerce, such as Sesame Credit and Enterprise Check. Therefore, the credit evaluation of each of us is closely related to our daily life. If the credit evaluation is too low, it will even affect normal work and life.

In case of interpretation

Case 1: Zhang is a credit card customer of a bank, holding a bank credit card. In 2012, Zhang's credit card consumed a 991.92 euro, and the consumption location was abroad. Zhang called a bank customer service. The consumption of this stroke was raised. Later, a bank stated that because the merchant had controversial controversy about the consumption, the International UnionPay was arbitral and requested Zhang to sign relevant legal documents to participate in the arbitration by a bank representative Zhang, but Zhang refused to sign the relevant documents. Since then, a bank offsets the principal of the arrears, but there are still late funds in the bill sent to Zhang. Since then, a bank has repeatedly accepted the stale money to Zhang through SMS and telephone. The arrears of the strokes have nothing to do with it and do not agree with it. When receiving a call, the opponent raises an objection. The other party informed that if there is any objections to go to a bank's credit card department to solve the relevant issues, but Zhang has not checked the relevant procedures to the relevant bank of a bank, because the strokes are due to the stroke The late funds have been overdue, and the overdue situation has been recorded in Zhang's personal credit. Zhang complained to the court to the court, advocating the arrears and the late funds generated by the arrears have nothing to do with it, and a bank urged it to infringe its reputation right, and the overdue information of the arrears The personal credit reporting of Zhang Mou has affected Zhang's personal credit.

Zhang's credit card held by Zhang had a consumer behavior abroad. A bank was not inappropriate to collect Zhang from Zhang. Although Zhang had objections to the consumer behavior, he did not have the right to stole the consumer behavior. In the case of how the money is buried, Zhang failed to fulfill the payment obligations in time, which caused Zhang to be affected by the credit of Zhang. His personal credit reporting is not a bank that intentionally fabricates Zhang's non -repayment, and then violates Zhang's reputation. Therefore, Zhang advocates that a bank infringes his reputation and has no factual and legal basis for support. (Zhang Mouxing sued a bank's reputation right dispute, for details, please refer to the Beijing First Intermediate People's Court (2018) Beijing 01 Public 6615 Civil Judgment.)

Case 2: Zhang borrowed 33,000 yuan from a bank in 2007, and the borrowing period was one year. As one of the guarantors, Lin voluntarily assumed the liability guarantee for Zhang's loan. Two years from the expiration of the period. After the borrowing expires, a bank did not file a lawsuit or claims the rights to the borrower and guarantor in other ways, but Lin Mou was included in a credit bad record. Lin's prosecution requested that a bank immediately deleted his poor records in the bank's financial system and compensated economic losses.

According to Article 16 of the "Regulations on the Management of the Credit Industry", the financial system shall delete the personal bad information records for more than 5 years when the end of the bad behavior or the termination of the incident. A bank has never claimed the right to the borrower and the guarantor. After exceeding the guarantee period, in accordance with the law, Lin as a guarantor no longer assumes the guarantee of guarantee. The repayment obligation and repayment responsibility disappear. Lin can actively repay the repayment. However, it is no longer possible to force Lin to repay the responsibility in accordance with the legal link. Therefore, Lin's credit record should be eliminated since 2015. After Lin found that the credit was poor, he had asked a bank to revoke a bad record, but a bank started the error correction process in time, causing Lin Mou's reputation to be damaged, and the infringement actually caused some damage to Lin. A bank was sentenced to delete Lin's credit record in the financial system to restore Lin's normal credit. (Lin Mouje's reputation dispute in the bank, see the Zibo Intermediate People's Court of Shandong Province (2018) Lu 03 Public 1387 Civil Judgment).)

Judge

1. An individual or enterprise with good credit records can often get broader economic space and more convenient economic activities. Civil entities have a corresponding trust and evaluation of their economic capabilities in the society, which is an indispensable right to engage in socio -economic activities. When our personal credit records are collected according to law, professional credit reporting agencies are responsible for management and use. The credit records of each civil subject objectively reflect their credit status. The "identity certificate" of walking, so we must cherish and maintain our credit evaluation. Reasonably maintaining its own credit evaluation is the right of each civil subject. When the personal credit record is poor, it not only has a negative impact on its personal reputation, but also has many inconveniences on its economic activities. Therefore, we must pay attention to maintaining our own credit Evaluation. 2. The civil subject enjoys the right to query in accordance with the law and can inquire about their credit evaluation in accordance with the law. When the right holder querys his credit information in accordance with the law, the relevant institutions should cooperate to provide convenience.

3. The civil subject has the right to objection. When you find that your credit information records are incorrectly, he has the right to obtain objections. As in the case of case 1, if there is a situation that may affect personal credit records, it should be promptly and proactively submit an objection to the relevant agencies and departments to seek correct solutions. Wait, restore your own credit evaluation as soon as possible, and should not adopt cold treatment methods such as negative waiting, or even ignoring it, which eventually leads to bad records in your credit evaluation and affects normal life.

4. The civil subject has the right to correct and delete. The incorrect credit information will affect the normal economic activities of the right holder, and the right holder has the right to make corrections and delete applications to relevant agencies. When receiving corrections and deletion applications, banks such as banks and other credit evaluations should be checked in a timely manner. For those who do wrong or improper errors, necessary measures such as correction and deleting should be taken in time to return the credit evaluation of relevant right holders to a good state. Of course, if the right holder is included in the bad information list, it can correct his dishonesty in time, and he can also request relevant agencies to remove it from the "blacklist".

"Civil Code" article

Article 1099 Civil subjects may inquire about their credit evaluation in accordance with the law; if they find improper credit evaluation, they have the right to obtain objections and request necessary measures such as correction and deletion. Credit evaluations shall verify in time. If they are verified, necessary measures shall be taken in time.

Article 1030 The relationship between the credit information processing of civil subjects and credit information agencies shall apply the provisions of this editor to the protection of personal information and other laws and administrative regulations.

Source: Jiang Bixin and Zhang Jiatian edited "Reading Reading of the People's Republic of China" (People's Court Press)

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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