A Comparative Study on Credit Investigation between Mainland China and Taiwan

• Main Authors: LIN, SANG-TING, 林上婷
• Other Authors: WANG,HSU-CHI
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/vk62zf

碩士 === 東吳大學 === 法律學系 === 105 === After around 180 years of development, the world’s credit information system may be classified into three collection models: private, public, and membership, which may be represented by the systems in the U.S., Germany, and Japan, respectively. The legal systems that support the credit information systems of these countries, which we may use as a reference, are more sophisticated than the systems adopted by cross-strait agencies. The current development status of the credit information systems on both sides of the strait compels us to seek a model that is suitable as a development basis for the current credit market, and to reference the credit information systems of leading nations in order to develop a credit system that has international competitiveness. Additionally, such a system must safeguard credit information and fully protect the privacy interests of data subjects. With the signing of the Memorandum of Understanding (MOU) and the Economic Cooperation Framework Agreement (ECFA) by both sides of the strait, the operations of the economic and trade exchanges and financial exchanges have become increasingly vigorous. To ensure the security of cross-strait credit transactions, and the ability to obtain credit information from the other side of the strait as the basis for business development and expansion, it is necessary to understand the credit information systems on both sides as a starting point for constructing the cooperation mechanism for the credit information systems. The purpose of this paper is to identify and then make suggestions on the shortcomings of the existing systems in China and Taiwan, which is done by first introducing the credit information systems of the major countries of the world, followed by presenting compilations and analyses of the cross-strait credit information systems and their operation status, and then referencing the merits of foreign systems. In addition, the author analyzes and compares differences in the legal systems of the cross-strait credit agencies, which forms a reference basis for establishing an exchange mechanism of credit information for the convenience of "Taiwan-funded banks" entering China and "China-funded banks" positioning in Taiwan.