The Protection Of The Credit Right By The Civil Law

At present, a relatively perfect legal system of social credit on the basis of a series of laws hasn't been established, and the legislation of credit is relatively in backward state. Whether in the aspects of ethic restriction, inner regulation of market, outer environment or in the legal system, the concerns and researches about credit issues have become realistic subjects. Credit has been the focus of concern and the disputation in law field since it was first brought forward as an independent personality right in the draft of China Civil Law for the deliberation by the National People's Congress (the NPC) on October 23, 2002. Whether the credit right will be prescribed in the future civil code relies on theoretical support. Under such circumstances, the thesis tries to research on the basic problems on credit right in the field of civil law with the constant concern of practical legislation process and the application of comparative analysis, ratiocination and practice.The thesis falls into 4 chapters. The first chapter expatiates the meaning and functions of credit developing from simplex ethnics scope to law scope, and credit right with credit as the object as well. The writer insists that credit be established as right with its property of personality right, so that it will be recognized and protected directly by China Civil Law. On the basis of the first chapter, Chapter two attempts to analyze the selection of credit right. Credit right is one of the important rights in future civil activities in China, so the legislation and clarification of a series of issues such as its establishment in civil law and the protection not only protect the personality right, but direct and protect the credit activities in credit market, which is significant to meliorate the status quo of credit loss in order to form credible society and...