被称为史上最严的央行二代征信系统即将初步上线,与一代相比,它解决了循环贷、信用卡专项大额分期、共同借款人、企业与个人互保、逾期后还款信息等之前无法覆盖的范围。夫妻即使离婚,双方负债情况也会一清二楚,避免了假离婚买房等漏洞。但在具体应用场景下,二代征信与个人权利的平衡问题,引起广泛担忧。

The second-generation credit information system, known as the most stringent in history, is about to be launched, compared with a generation, which addresses the previously inaccessible areas of revolving loans, large credit card installments, co-borrowers, corporate and personal mutual insurance, overdue repayment information, and so on. Even if the couple divorced, the debt situation will be clear, avoiding such loopholes as fake divorce to buy a house. But in the concrete application scene, the second generation credit information and the individual right balance question, causes the widespread concern.

新的征信系统此前一直在完善其囊括的项目,本次惊呼二代征信系统“狼来了”的第一声警报竟然来自于房产中介。因为在正式上线前尚有短时间的维护期,中介动员那些意图以假离婚来降低房贷首付的赶紧“行动”,在窗口期消失前享受最后的红利。这一使用范例,生动体现了社会民众对二代征信系统的爱与怕。

The new credit system has been improving its coverage of the project, this time the second generation of credit system \"wolf came\" the first warning from the real estate agency. Because there is a short maintenance period before the official launch, the agency has mobilized those who want to use fake divorces to reduce the mortgage down payment quickly \"action\" to enjoy the final dividend before the window period disappears. This example vividly reflects the public's love and fear for the second generation credit information system.

央行征信中心负责人介绍,二代征信系统包括三方面信息:一是个人信贷信息,实现对个人金融信用的全覆盖;二是“先消费后付款”的信用信息,包括电信等公用事业缴费,帮助缺少信贷记录的人建立信用档案;三是公共信息,包括行政许可和处罚信息、法院失信被执行人情况。

The second-generation credit information system includes three aspects of information: first, personal credit information to achieve full coverage of personal financial credit; second, credit information of \"first consumption and then payment \", including payment of public utilities such as telecommunications, to help people who lack credit records establish credit records; and third, public information, including administrative licensing and punishment information, and the situation of the person subjected to breach of trust in the court, according to the central bank's credit information center.

从积极意义上讲,二代征信系统围绕个人的经济行为建立了一整套评测机制,有助于提高经济关系中信息共享的透明度,避免因信息不对称造成的各种损失。不过,考虑到征信应用的许多审查场景,征信对个人权利势必造成挤压,要求后者让渡,这就对征信系统本身的合法性及应用中的公平提出了苛刻要求。

In a positive sense, the second generation credit information system establishes a whole set of evaluation mechanism around the individual's economic behavior, which helps to improve the transparency of information sharing in economic relations and avoid all kinds of losses caused by information asymmetry. However, considering the many censorship scenarios of credit information application, credit information is bound to cause a squeeze on individual rights, which requires the latter to give way, which puts forward a harsh demand for the legitimacy of the credit information system itself and the fairness in its application.

比如二代征信系统对夫妻共有房贷的体现——作为共同借款人,夫妻双方征信均体现负债。这意味着,即便离婚,非主贷人再次买房属于有房有贷,首付80%。这确实可以堵塞假离婚降低首付的漏洞,但如果是真离婚呢?如果非主贷人没有在财产分割中拿到房子,他/她在离婚后再次购房仍按照有房有贷来审核,就很不公平。最严征信就有可能在做“好事”前干下“坏事”,用堵塞漏洞的方法伤害无辜民众。

For example, the second-generation credit information system on the husband and wife common mortgage embodiment - as a co-borrower, both husband and wife credit reflects debt. This means that even if divorced, non-creditors buy a house again is a home loan, down payment of 80%. This does plug the gap between fake divorces and lower down payments, but what if it's a real divorce? If the non-owner doesn't get the house in the division, it's unfair that he or she will still have a house to review after the divorce. The strictest credit information is likely to do \"bad things\" before doing \"good \", using the method of plugging loopholes to hurt innocent people.

二代征信对信用卡的监督覆盖,可以防止信用卡“接龙”还债的手段,这对某些靠信用卡滚动维持生计的人明显不利,有可能令这种个人的经济“自转”陷入停顿,或许有助于个人戒断对信用卡透支的依赖,整顿更健康的个人财务。这些当然都是二代征信的正面价值,也需要人们全面看待系统的意义。

The second-generation credit coverage of credit cards prevents them from paying their debts, which is clearly detrimental to some people who rely on credit cards to make a living, and could put such individuals'economic \"rotation\" to a halt, perhaps helping them to stop relying on credit card overdrafts and overhaul healthier personal finances. These are certainly the positive values of the second generation of credit, but also need people to comprehensively view the significance of the system.

问题是,征信活动是一种信息服务,但不是所有的信息服务都是征信。一般而言,个人的债务信息,以及与其偿债能力、偿债意愿有关的信息,才是构成征信的逻辑主线,其主要目的是为了防范信用违约风险。但以目前操作的逻辑看,给人感觉,二代征信系统要想建立无上的权威,就必须竭力挖掘个人生存的经济信息。征信系统从一出生,就带着占有公民信息的勃勃野心。这正在形成一种社会管理的倾向,将越来越多的公民行为纳入征信系统,征信系统不堪负载,但治理者乐此不疲。

The problem is that credit information activity is an information service, but not all information services are credit information. Generally speaking, the personal debt information, as well as the information related to its solvency and willingness to pay, constitute the logical main line of credit information, the main purpose of which is to guard against the risk of credit default. But with the logic of the current operation, it feels that if the second generation credit system wants to establish the supreme authority, it must try its best to excavate the economic information of individual survival. Credit information system from birth, with the possession of citizen information ambitious. This is forming a tendency of social management, more and more citizen behavior into the credit system, credit system is overloaded, but the governance is happy.

这种将个人信息作为管理手段的倾向,此前在广受诟病的各大城市社会信用体系中,已体现得十分明显。比如将无偿献血纳入社会征信,交通违章纳入征信系统,武汉将道路停车费欠缴也纳入征信,还有人建议将医闹纳入征信……五花八门,征信系统成了万能系统,但凡需要惩罚和诫勉的地方都引入征信系统。对征信系统的滥用和盲信,实际上构成了征信系统强大与脆弱的特点,甚至可能会崩盘。

This tendency to use personal information as a management tool has been evident in the widely criticized social credit systems in major cities. For example, free blood donation into the social credit, traffic violations into the credit system, Wuhan will be the road parking fee arrears into the credit, some people suggested that the medical trouble into the credit... Various, credit information system has become a universal system, but where the need for punishment and admonition are introduced credit system. The abuse of credit system and blind letter, in fact, constitute the strong and fragile characteristics of credit system, and may even collapse.

与征信系统扩张其信息领域同时发生的,是个人信息、个人隐私保护面临更大的考验。截至去年11月底,个人征信系统接入各类房贷机构共3693家,基本实现了对个人金融信用信息的全覆盖。个人的综合信息越是容易一览无余,也就越容易成为各类商业机构争夺利用的对象。

At the same time with the expansion of credit information system in its information field, personal information, personal privacy protection is facing a greater test. By the end of November last year, the personal credit information system had access to 3693 mortgage agencies of all kinds, basically realizing the full coverage of personal financial credit information. The easier it is for a person to have comprehensive information, the easier it is for a variety of business organizations to compete for access.

如果信息泄露,或者征信在没有得到个人授权的情况下就被利用于某一商业领域,就相当于,将个人核心信息,住址、电话、配偶、房产、贷款等置于非常不安全的境地。这种潜在的个人危险很容易被狂热、激进的征信神话所掩盖,务必要制定严格的门槛和措施来防患。

If information is leaked, or credit information is used in a business area without personal authorization, it is tantamount to placing personal core information, address, telephone, spouse, property, loan, etc. in a very unsafe situation. This potential personal danger is easily masked by fanatical, radical credit myth, and it is important to set strict barriers and measures to prevent it.

然而,目前无论从立法执法还是从实际层面,我们都看到,重采集轻保护的情况比比皆是,以征信名义侵犯个人隐私权的更不在话下。这背后既有懒政思维使然,将行政良治等同于信息控制;也有商业牟利的小算盘,依靠征信系统逼迫个人就范,在公民信息库上谋划盈利模式。

However, at present, whether from the legislative law enforcement or from the actual level, we all see that the situation of re-collection of light protection is everywhere, in the name of credit infringement of personal privacy rights. Behind this is both lazy political thinking, the administration of good governance equal to information control; but also commercial profit-making small abacus, relying on the credit information system to force individuals to submit, in the citizen information base to plan profit model.

征信系统越是苛刻,个人权利越是逼仄,公平对待个人权利越困难。比如上述有关夫妻共有房贷的征信,遏制假离婚没错,但真离婚的合法合理权益就会被征信系统踩在脚下。对那些只依靠征信系统来对公民“画像”的,得出的很可能是扭曲的印象,进而按照偏见来对待个人权利主张,这对公民权利都不是好事。

The more demanding the credit system is, the more narrow the individual's rights are, and the more difficult it is to treat them fairly. For example, the above-mentioned couple-owned mortgage credit, to curb false divorce is true, but the legitimate and reasonable rights and interests of the real divorce will be trampled under the credit system. For those who rely solely on the credit information system to \"portrait\" citizens, the impression is likely to be distorted, and then the bias to treat individual claims, this is not good for civil rights.

总之,史上最严征信系统且慢为它欢呼,或者说,要识别那些为它欢呼的都是些什么人,为什么欢呼。再回头来对照下,在征信系统的管理下,一个正常的经济行为如何被其影响、控制。如果迷信征信系统无所不能,那一定伴随着个人权利的损害。“史上最严”不该只体现在信息的广度上,更应该体现在保护个人隐私个人权利上。

In short, the strictest system in history has slowed down to cheer for it, or to identify those who cheer it, or why. Then go back to control, under the credit system management, a normal economic behavior by its influence, control. If the superstitious credit system can do anything, it must be accompanied by personal rights damage. \"The strictest in history\" should not only be reflected in the breadth of information, but also in the protection of individual privacy rights.


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