The Right To Personal Credit System Study

Credit right and individual credit right are the issues which enter the vision of Civil law circle of China in recent years. As to the matter that whether this system is established or not, the circle has great disputes. With the development of economy, the credit trade becomes indispensable to everybody. Establishing the right system of individual credit, is significant not only to the society but to the Subject of right. This is the motivation of writing this article.Besides the preface and conclusion, the thesis is divided into five parts altogether.The first part is the generalization of individual credit right. First of all, based on the investigation on what credit is from several angles and through a comparative study on laws, the civil law meaning of credit is further analyzed, indicating credit has the nature of individuality, property and information. Secondly, the definition and characteristics of individual credit right are introduced. The individual credit right means that the relevant right of interests the persons can enjoy according to their ability of paying debts. Finally, the social significance of individual credit right is discussed.The second part is the investigation of individual credit right systems in several countries and regions. This part is investigated according to relevant individual credit legislation and individual credit frame in other countries and regions. Because the most developed individual credit right system is in the U.S.A., the article has taken up bigger space and introduced American relevant systems at first. Later it introduces the relevant systems of Germany, Japan, Britain and Taiwan separately. At last, individual credit right systems from different countries are compared in a simple way.The third part probes into several important theoretical questions of individual credit right. The first question is the nature of the individual credit right. The educational circles have the great disputes on this question. The thesis holds individual credit right is a kind of independent individuality right, but has not denied it has attribute of property. The second question is the formation of legal relations of the individual credit right. Then this question is analyzed from the aspects of subject, object and content in detail. The third question is conflict and coordination between individual credit right and right of privacy. The conflictexists between the two, but there is a method of coordination. In the course of coordination, the individual interests should be protected, at the same time for the needs of public interests, the restrictions on the individual interests should be erected too.The fourth part expounds the infringement of individual credit right and how to resolve the problem according to civil law. The thesis introduces the responsibility formation for encroaching on individual credit right at first, and deems that it should possess four important conditions, namely the tort, damaging the fact, the relation of cause and effect, and subjective fault. Secondly, the thesis points out the types of the subject of infringement, including the credit information provider, the organization which collects the credit information, credit information user and the general public. Moreover, the thesis holds that individual credit right should be protected in a direct way, and compensation for spiritual hurt can be used in special circumstances. Finally, the thesis introduces several kinds of situations in which the responsibility for infringement of individual credit right can be avoided.The fifth part talks about the construction of the right system of individual credit in our country. Firstly, the thesis roughly introduces the current relevant legislation of our country, and analyzes the disadvantages of it. Then the paper proposes the individual credit right as a kind of independent individuality right should be established and making law of relevant single files should be suggested legislatively, and finally the paper expounds the reference system of individual credit of our country should be erected and how it should be, as well as how it can be improved.