On The Connotation Of Credit Right And Its Legal Protection

The essence of market economy is credit economy as well as legal economy. In the era of market economy reform and construction, credit right emerges with the combination of credit economy and legal economy. Hence the significance of research on the right of credit protrudes. The thesis probes into the connotation and legal protection of the right of credit by the method of concept analysis, historic analysis, case study and comparative analysis.Besides forewords, the thesis falls into five chapter. The first chapter employs as its ground the fundamental problem of credit and the credit right. The connotation and qualities of the right of credit is defined by the method of concept analysis. First above all, the connotation of credit right in the aspects of ethic, economy and law is introduced in the perspective of history and the qualities of personality, estates and informative is defined. Then, the concept, qualities and basic contents of credit right are introduced. In the exploration of the characters of credit right, the view that credit right is personal right is adopted. The connotation of credit right covers the right of retain and maintain credit etc. Finally, the relations and differences between credit right and other relative personal rights are presented, which stresses the relations between credit right and right of reputation. The author advocates that credit right is the child right of the right of reputation.The second chapter introduces the theoretic origin of credit right by the method of concept analysis. Firstly, the chapter probes into essence of right, which is expatiated as the theory of qualification, the theory of freedom, the theory of interest, the theory of regulation, the theory of legal power. By comparative analysis of different kinds of theories, the theory of legal power is adopted and advocated. Secondly, the classification of rights is generally introduced as right of appeal, right of domination, right of plea, exclusive right and conditional right etc. Then, credit right is discussed under the theory of legal power. The author believes that credit right is the combination of legal power such as special interests, correspondent trust, and legal protection. Lastly, it is indicated that, as one of the personal rights, credit right belongs to the right of domination as well as exclusive.The third chapter delineates the historical development and comparative observation by the method of historical analysis and comparative analysis. First of all, the historical development of credit right is discussed. As one of the child right of right of reputation, the historical development of credit rights is originated from right of reputation. The protection of right of reputation has been existing since the ancient time, but credit right did not turn into an independent right deviated from right of reputation until credit becomes a significant aspect of economic development in modern market economy. Next, the stipulation of credit right in different countries especially in Taiwan and Germany is introduced.Chapter four expounds the infringement and legal protection of credit right. Case study is employed in this chapter. Foremost, it is believed that the infringement of credit right should also be defined in the aspects of violation of legal duty, actual losses or damages, causal connection between tortuous conducts and damages, fault. It does not make up infringement of credit right unless the four elements are satisfied simultaneously. The infringement of credit right leads to civil liability, on which compensation for damages is the most important remedy. Then, it probes into the legal protection of credit right, which can be carried out in the respect of legislation and system design. The former can be classified as direct protection and indirect protection. By contrast of the two models, it is believed that direct protection is more suitable for the situation or our country. As to system design, credit assessment system is recommended. The situation of credit assessment systems at home and abroad are introduced and countermeasures are propounded.The last chapter recommends prohibition of abuse of credit right and its precaution by the method of concept analysis and case study. For one thing, the concept of prohibition of abuse of credit right is analyzed theoretically and different theories are introduced. On this premise, correspondent cases are adduced to thorough discussion of abuse of credit rights. For other thing, several countermeasures are propounded for the precaution to the abuse of credit right, on which credit level evaluation system is emphatically recommended.