| How did the Credit originate and has developed? Why does the credit play more and more important role as to social development? How will civil and commercial laws study and explain the credit theory, regulate and rule it through particular views and establish and strengthen a social credit system that fits our current national situation? All these topics are falling into study of the thesis. The thesis focuses on revealing legal essence of the Credit and designing a feasible legal system of commercial credit by approaches of legal and economics, historical and comparative analysis in certain aspects.1. Main Outline and Description:In Chapter One, starting from origin and history of the Credit, essence and characters of it get construed through economics analysis and concluded finally within civil and commercial laws scope. And also, analysis on interior values of the credit system, current implement status and limitation of civil Good Faith Principle, and social challenges resulting from credit shortage, make it essential, feasible and of practical significance to establish legal system of commercial credit, which serves as foreshadowing of analysis and study in later part Chapters as well.In Chapter Two, legal questions on concerned subjective and objective factors, and Credit right are raised within laws frame. It is classed into enterprise, personal and government as principal body that shall enjoy credit right. Credit Right is main keystone of the chapter, which is defined to be personality right that civil body possesses by its credit liability relatively acknowledged and appraised by society, including credit possessing right, safeguarding right and disposal right. Credit Right shall be protected through straightforward way, and boundary of any infringing behaviors against credit right shall accord with certain legal requirements.Chapter Three is emphasis of this thesis. First, we can use for reference through looking into different modules and developing trend of social credit system within different laws frames in countries. And then turn back our eyes to put forward ideas about how to build our legal system of commercial credit: 1, to strengthen footing that the Good Faith Principle stands as "King Clause"; 2, to establish commercial credit system by: 1) various outcome concluded from different study groups on credit right, and some proposal related is presented; 2) building enterprises credit system covers mediation and balance in "personality" and collective functions that both capital credit and assets credit shall provide; 3) build and perfect personal credit system which needs to make balance between a person's right to privacy and opening credit information; 4) reinforce steering functions that the government shall bring into play. 2. Study Tools 1) legal and economics tools integrated. Theories and principles in economics study get more and more brought into legal vision. Economics and laws have very close relation. Laws provides credit the kind of rights protection system, to boost economic individual developing and create healthy environment for social colony; whereas, values and significance of laws are demonstrated and legal functions realized in turn by building legal system, so as to deal with credit problems more effectively that economics put forward to study. 2) Historical and comparative tools. Credit is a social phenomena as social economy developing, and develop itself undergoing historical rules. So it is necessary to make study in historical lengthwise view to understand origin and essence of Credit. First Credit belong to historical concept having origination and evolution stages, secondly, it is unavoidable to come forth disordered status in initial stages of market economy in any countries, so does our country, so historical insight is needed to analyze our current credit situation. Moreover, the credit shows its different characters under different countries' history, politics and economy, and varies its legal conception in different laws sy... |
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