On The Legislation Of Credit Right

Credit refers to a civil subject has the economic capacity and fulfill the will of the debt, the obtained from the third party evaluation, and credit right is civil subject based on their economic capacity and to fulfill the debt will obtained objective evaluation and accordingly to obtain economic benefits and social benefits of personality right. The credit right is the inevitable outcome of the development stage of the market economy, and it is the result of the derivation and extension of the personality right. Due to our country of no legal provision for the credit rights, but in real life, a violation of credit in cases that do not group, in the judicial practice only by the protection of reputation and goodwill indirect protection to the interests of the credit model, the current has been insufficient to fully protect the interests of the credit, our government and the Central Committee of the party leaders apparently noticed the this problem. June 14,2014, the State Council issued the social credit system construction plan (2014-2020) ", to create good faith of socialist market economy made program and plans to speed up the construction of social credit system. Currently the research of the credit right is a relatively new law research field:how to understand and establish credit right and take some measures to protect the credit right is effectively so that a necessary condition for China’s civil and commercial legal system complete, and in modern social network transaction prosperity and development, but also to promote and safeguard the socialist market economy healthy development is of milestone significance.Through the concept of credit and credit in carries on the elaboration and the analysis, carried on the discrimination to the credit right and other rights, and through the case analysis of the current situation in our country to protect credit right and the lack of, then analyze and compare the status of the legislation of credit right protection in foreign countries and compared with the main flow of the two kinds of credit right protection mode, the credit right in our country legislation of some legislative suggestions are put forward according to the situation of our country.This article is divided into four parts. The first part is an overview of the credit right. Through the introduction of credit, leads to the introduction of credit right, and the credit right and his right to make a distinction between. The second part analyzes the current situation and problems of credit right protection in our country. Through the description and analysis of several typical cases, this paper expounds the problems existing in the protection of the credit right in our country. The third part mainly introduces the legislation and protection mode of foreign countries to the credit right. Through the introduction of the different protection of the credit right in the countries of Anglo American law system and the continental law system, the introduction of the introduction of the credit right in Asian countries is introduced, and the two different models of credit protection are introduced. The fourth part puts forward suggestions on the legislation of the credit right in our country. According to the mentioned problems, some suggestions are put forward.