The Research On Law Of The Credit Right

On December 23th, 2002, for the first time, the draft of China Civil Law legislated on the right of credit, in accordance with which, the credit of natural person and artificial person is entitled to the protection of law. It aroused some disputes among scholars. Some viewed that the reputation right prescribed in the Civil Law covered the right of credit; therefore, it was unnecessary to legislate on the credit right independently. In addition, some scholars took a wait-and-see attitude, who held that due to the lack of theoretical research, if the right of credit should be included in the Civil Law depended on the support of theories. Based on this condition, in this thesis I will make probation into the credit right in China so as to elucidate the necessity of independent legislation of the credit right and the corresponding civil liabilities for the infringement of the credit right.Besides introduction and conclusion, this thesis falls into four chapters.Introduction gives a brief survey to the background of the research on the credit right and expounds the value of the research in this field.Chapter One presents fundamental theories concerning the credit right. In this chapter, the developing course from credit to the right of credit will be illustrated. In addition, the credit right will be put into comparison with the right of commercial credit and the right of reputation. It is concluded that the independent legislation of the credit right is the result when credit evolves from ethics adjustment to law regulation, and the right of credit is both personality right and property right.Chapter Two construes the value of the credit right. Whether a right is valuabledepends on how it serves the people. As a personality right, the right of credit bears corresponding lawful value. In this chapter, the value of the credit right will be analyzed from three aspects, namely its functions in people's pursuing of freedom, efficiency and security.Chapter Three expounds the necessity of independent legislation on the credit right. Two cases will be adopted to analyze the current situation and deficiencies of the credit right in China. Then, the necessity of independent legislation on the credit right will be highlighted.Chapter Four presents the detailed provisions of the credit right prescribed in the Civil Law, including the collection, processing and utilization of credit information; the right of obligees and the civil liability for infringement of the right of credit.Conclusion reiterates the prescriptions to retain the credit right in the Civil Law. In addition, it is stressed that the operation of the credit right law cannot merely rely on the enforcement of provisions in the Civil Law; the support of other corresponding laws and statues is also of great significance.