On Credit Right

In modern society, the credibility that is indispensable in market economy is far from sufficient in our country. The key point to solve the problem lies in perfecting our law system of credibility, basing on bringing the credit right into the civil right system. However, there is much controversy in the academic circle on the issues of concept, nature and characters of the credit right. Based on analyzing various views, this thesis discusses the related issues on the credit right.This thesis contains three parts.The first part focuses on defining the credit right. The definitions of credit right can be concluded into two kinds. One argues that the credit right is a personality right preserved and maintained by the civil subject that obtains corresponding reliance and evaluation in the society according to its economic ability. The other one holds that the credit right is a kind of right utilized, preserved and maintained by the civil subject that obtains corresponding reliance and evaluation in the society according to its solvency. The differences between economic ability and solvency lie in that the former encompasses the latter and other factors such as operating conditions, producing ability, products'quality, after--sales service and so on. Credit right takes credit as the object. Based on a deep analysis of the credit, the author thinks that it is more scientific to define credit right as a right of the civil subject that obtains corresponding reliance and evaluation in the society according to the possibility for it to carry out the contract. It is because if credibility is defined as the evaluation of solvency or economic ability, it is confined to the commercial or economic field and is away from the extensive reality in social life thereafter. The nature of credit right is also a controversial topic in the academic circle, focusing on whether the credit right belongs to personality right or property right. Starting from examining the legal characters of the object of credit right, the author concludes that credit right is personality right in nature. Finally the author gets the characters of the credit right with comparative and analytic methods: the subject of credit right is comprehensive, while its object is unitary; the factors of credit right include evaluation and reliance from the society and the public; credit right consists of the factors of both spiritual interests and property interests.The second part mainly discusses the civil liability for violating the credit right. Ascribing the liability for violating the credit right should adopt the principle of fault liability. On some special occasions, the principle of presumption of fault can be applied for the sake of fairness. In terms of the relationship between the principle of fault liability and the principle of presumption of fault, the latter develops the former, while the former entails the latter. Therefore, generally speaking, the principle of fault liability is utilized in ascribing the liability for violating the credit right. The component of civil liability for violating credit right includes transgressing behavior, damage facts, causality and subjective error. The ways to bear the civil liability for violating the credit rights mainly include stopping violation, renewing credit, apologizing, compensating the damage and so on. These ways can be used both singly and jointly. As to the damage compensation scope, the author discusses it from two aspects. The first one is the property damage compensation scope of the civil liability. As the civil subject of the credit right, it enjoys the right of requesting compensation for the property damage, whether it is a natural person, a juridical person or an organization. As to the compensation sum of the property damage, the wrongdoer should compensate the direct damage and indirect damage just as the the act of tort didn't take place. Then it discusses the spiritual damage compensation scope of the civil liability for violating credit right. When it comes to the spiritual damage compensation, only the natural person has the right to request the compensation, for the juridical person and other organizations are organizational bodies that have no physical or mental agonies. The sum of spiritual compensation depends on different cases. In judicial practice, the principle of the judge making judgment freely is usually adopted. Meanwhile, there is the reason free from responsibility in civil liability for violating credit right. The behavior of violating credit right should take corresponding civil liability. However, not all the damage to credit requires the performer to take civil liability. On some occasions, though the performer makes damage to the credit of the civil subject, he can be exempted from obligation.The third part mainly analyses the limitations of the credit right system in China. and provides some constructive suggestions to perfect the credit right system. An analysis of the legislation in Chinese credit right system implies that an indirect protection model is employed in this system to protect subjects'credit rights, leading to its weak availability in practice and incomplete and insufficient protection to subjects'credit. Meanwhile, there is a lack of regulation and rule concerning credit information in Chinese credit right system. In the draft of Civil Code, credit right has been given direct protection, that is, credit right has been regulated as an independent civil right, which is a progress in legislation. However, there still exist limitations in the draft of Civil Code, in which no definite concept and content of credit right is identified, the scope of credit right subject is too narrow, and regulations on the protection of credit right are inadequate. Accordingly, this thesis provides three constructive suggestions. Firstly, credit right system in China should employ direct protection model. Secondly, definite regulation on credit right should be included in the future Civil Code. Finally, legislation on credit information should be strengthened.