On The Legal Countermeasure Of The Credit Crisis

The modern marketing economy is based on credit trades. Credit is the base and soul of marketing economy. During credit appealing and establishment, credit problems attracted more and more attention.Credit includes many aspects, such as moral, ethic, economy, law etc. It has a very important practical meaning to specify credit concept in exerting its functions in the marketing economy.Lack of social credit with a prime feature of lack of credit not only increased the costs of the trades, but also weaken the marketing economy principles of freedom, fairness and honesty. Because law is a guarantee for credit, credit is not only a problem of moral, but also is a law problem. If we want to solve the credit problem, we should establish a moral principle suitable for the socialism economy and insist on education of moral. At the mean time, we should emphasize credit administration system through strengthening the law construction. Therefore we can eliminate the obstacle restricting credit development and establish credit protection system. This is an essential strategy to solve the credit crisis.Based on above concept, I write this article. I analyzed the phenomenon and reasons of credit crisis of China after explaining the meanings of credit. I discussed the further contradiction that restricts credit development. Then I have proposals in constructing legal system of credit.There are six parts of the article.Chapter One is Outline, this part explained prime the concept of credit.Credit is a social evaluation in reputation of fulfilling contract ability and will of Nature Person, Legal Representative and other organizations. Credit is possessed by common civil main bodies; credit comes from the main body's repaying ability; it represents the social reliability evaluation of civil main body; it also has the evaluation function in moral, economy, law and value evaluation. Personality, property and information features are three law characters of credit. According to economic theories, credit includes personal credit, commercial credit and national credit. Credit has meanings in marketing economy, i.e. credit's position and value in the marketing economy, it is represented through marketingtrade and influence in market main body. Credit is a basic principle of civil law-----principleof reliability and honesty is a basic requirement in economic activities.Chapter Two is about Phenomenon of Credit Crisis in our Country. In this Chapter I have concluded the prime phenomenon and harm of credit crisis about the closest credit style related with marketing trade.Chapter Three is about Reason Analysis of Credit Lack in Our Country. The reason of credit lack is because of contradiction during society system innovation, match problems between policy and procedures. The traditional, social, technical factors also act as prime effects. Lack of law to punish faith breaking, lack of law in credit information collection and usage, and lack of united rules in credit evaluation are obstacles in credit construction.Chapter Four is about the First Proposal in Completing Our Country's Credit Law System—establish credit law and related laws. Law system is the guarantee of credit. We learn successful experience from America and other developed countries in economy. I provided specialized rule proposal to rule personal credit and enterprise's credit, constituting law for commercial secret protection and property rights.Chapter Five is the Second Proposal in Completing Our Country's Credit Law—establish and complete a law system for society credit. I suggest that establish credit evaluation and credit administration law system, to fully exert the function of credit information organization and the government, to promote credit information in the markets, to commercialize it, therefore, to improve credit development.Chapter Six is the Third Proposal in Completing Our Country's Credit Law—establish a credit right system. Credit law is the need of realistic situation; it is also a social trend. As we adapt the development trend of history and principle of law construction, credit is necessary to become a right. I designed the content of credit rights and protection style in this chapter, to expect that these have a useful function to Chinese credit law development.