Research On The Protection Of Credit Right In Civil Law

Credit right is the right that credit subject obtain other credit subject trust and social objective evaluation of transaction with credit subject or possibly in economic activities. The right is one kind of concrete personality right; this right includes spiritual interest and property interest. The essence of the credit right is a right of personality rather than other types of rights, to infringement of credit right result of credit are damaged, resulting credit subject in loss of spirit interest and property. Generally, China protects the credit right through the protection of fame and name right, and also through some other laws to protect interest of the credit directly. The protection mode of credit right is an indirect protection mode in our country, and this model can not fully protect the credit right obviously. Some civil law countries through direct protection mode to protect the right, protection mode for this kind of legislation has a reference value. so far, China has published several versions of the draft civil code. Some versions holds opposite opinions on the civil law protection of the credit right; in the case of deterioration of credit in our country, the author thinks that it is necessary to protect the credit right. Therefore, the author believes that it is necessary to make provisions to the content of credit right in the code of civil law.The first chapter of this article researches on the basic theory of credit right in our country. In this chapter, the author mainly discusses the concept, the nature, the content and the object of the credit right, the author thinks that the object of the right of credit credit is a kind of personality factors rather than personal interests; the second chapter analyzes the existing right of civil law protection in our country the issue of the letter, which mainly shows complete protection of the credit rights in the current civil legislation cannot, judicial precedents also failed to effectively protect the rights and interests of credit, also not perfect civil law protection system of the right of credit, in the civil theory at present in our country, there is a big controversy existing in the constitutions of credit, the author thinks that the subjective right, in terms of infringement of credit right, the objective should apply the principle of fault liability, this principle is more practical in judicial practice. In addition, scholars have made a simple list of the behaviors of the credit right. the author believes that we should make a type of thinking to the type of the behaviors violating the credit rights, namely the thinking about on the overall and part of systems in behaviors types in infringement of credit right; the third chapter analyzes the main civil protection of the right of credit is necessary this paper thinks that the credit right; important value has become increasingly prominent in today’s society, and relevant laws and regulations of our country and can not effectively protect the rights and interests of credit, at the same time, the right of credit protection legislation has become a trend of legislation, To strengthen the protection of credit right contributes to improve Chinese current credit situation; at present, credit is becoming more and more important in Chinese judicial practice; the Supreme People’s court has issued a judicial interpretation which is relate to credit, its purpose is to promote the civil subject to be honest, otherwise they will be subjected to the regulation of civil law; therefore, it is necessary to strengthen the civil law protection of the credit right; chapter four introduces the foreign and Taiwan of our country legislation, mainly introduces the foreign and Taiwan region of China’s civil legislation and refers to their legislative modes, then puts forward suggestions to perfect our country protect credit right in civil law system by combining with the problems existing in the protection of credit and the judicial practice situations in our country.