On The Legislative Regulation In Individual Credit

Market economy is credit economy and economy under the rule of law. At present, among the three subjects with credit resources in economic activities, government, enterprise and individual, individual credit resources have seldom been made use of because in China, influenced by traditional ideas, citizens have no awareness of over consumption and there is a lack of legal regulations for individual credit which leads to the fact that the interests of each of the parties can not be ensured by law in individual credit trade. Therefore, in the process of perfecting our socialist market economic structure, it is urgent to regulate individual credit via legislation and clarify rights and obligations of each subject.This thesis focuses on such a practical issue, trying to make an overall study of individual credit legal rules and regulations and the author will analyze the issue from the general to the specific, concerning legislative framework, principles, purposes and rules and regulations of particular legal relationships.People always make basic definitions of objects that they will evaluate. Hence this thesis begins with a definition of individual credit on legal basis. With social development, it becomes more and more universal to have dealings with different people. Contracts eliminate the blindness of establishing trust and gradually make individual credit, which takes morality as the core and includes willingness and capability of performing contracts, a mark for individual's social acknowledgement. If definitions on legal basis may be regarded as spirit, it is necessary to introduce typical forms of individual credit in order to cover both content and form, for instance, credit card consumption.Then comes the legislative framework design. Following purposes and principles of regulating individual credit on legal basis, this thesis talks about individual credit investigation, credit rights and punishment of losing credibility as a warning. Individual credit investigation is a process of social evaluation of consumers' willingness and capability of performing contracts, changing market asymmetrical information distribution through economic means to further maintain a healthy market and fair competition, which is undoubtedly the premise for smooth individual credit activities. Credit rights and punishment of losing credibility as awarning can guarantee a good individual credit environment. This part mainly concerns universality of regulating individual credit and the following part is about some typical individual credit forms, discussing particular problems, which can enrich the content and make the thesis developed in an unbroken line.The final part of the thesis is not about legal issues but still connected with them. The experiences of legal sociology, studying law without concrete legal issues, are drawn on here because the enforcement of law is a social systematic project and rules and regulations of individual credit need to be supported by social awareness of credit and government credit.