Credit The Right Theory

If the finance is a modern economic core, the credit is the "core in the core". Because of no credit, whether it is the real object of the barter to trade or modern finance that data conduct can't run at the low risk, over the high bargain expenses are bound to bring the unbearable heavy burden of the economic system. To a large extent, the market economy is a credit economy. However, because of a lot of reasons, the credit environment in our country is bad at present, the phenomenon of the credit imperfection is spread all of our society life and the "credit crisis" has been a social problem that demand to be resolved urgently. This kind of low credit condition does harm to social order and economic order seriously, and makes the whole bargain cost increased in our society, which restricts the healthy development of the our socialism market economy. The source of the phenomenon consists in immaturity of the social norm and unreasonableness of the system arrangement, which induces the people's bad behavior and punishes the behavior of breaking promise leniently, so the people don't benefit from keeping promise. Therefore, the credit imperfection of our country is institutional imperfection, the reason that the credit depart from the model is that the system depart from the model. Under the conditions, the civil right - credit right of a new pattern was born. Civil Code Draft of our country regulates the credit right, adjusting the trend of the market development, the prosperous market also calls the credit rightThe credit right system commences in the law sense to Germany, which is made a start to every state nation in Europe mainland. Legislation on the credit right also experiences the process of developing. At the earlier period the credit right was thought to belong to the scope of the reputation right in broad sense, and the credit right is independent from the reputation right with the economy development and mankind to oneself essence value high opinion. In a word, the credit right that extends from the reputation right is an independent character right. The credit right conflicts with related civil rights unavoidably, for example, whether the collection andevaluation to personal credit information would involve the personal privacy. The modern society also is information society. It is significant for the credit load and credit sale to collect, take care of, analyze, and use information for the receiver. With the individual's credit message use and the receiver often is damaged, but whether this depends on the protective problem in proceeding in right of privacy again or not. Therefore, talking about the credit right, we must consider the problem of privacy. The goodwill right is a topic that educational circles relatively concerns, there is no natural difference between the goodwill right and the credit righto No matter such is at subject, object and substance that the nature respect wholly has the amazing similarity. Especially after the legal position of the credit right was established in our country , independent position of the goodwill right was subjected to challenge.It is demand of market economy development in our country to establish the credit right as an independent character righto Hence, with formulating Civil Code, it is an important part of our civil legislation to definite the credit right in the lawmaking and improve related laws and regulations.