Study Of A Number Of Basic Problems Of The Credit System In China

The development of market economy hastens the credit problems which are all need detailed discussion, such as government localization, credit pattern choice, organization establishment, profession supervising and managing, etc. Considering that Chinese credit system construction is still in initial stage and many important basic problems need further research, this article which starts with the most basic concept limits makes a special effort to several basic legal problems.This article is composed of six sections which'are the preface, four sections analyzing four problems and conclusion.Firstly, based on Chinese national condition this article pointes out that it is necessary to establish credit system whatever for stable politics or developing economy. It is a huge and complicated systematic engineering that needs to deal with many legal relationships in the course of this credit system establishment We should start with the most basic problems which are about the credit concept, credit right and the relationship with credit right and some related rights and solves them emphatically.According to these three above problems this article gives detailed discussion.As for the first problem, that is to say the credit concept problem, this article limits the credit from morality, economy and law realm. By the comparative analysis and historical analysis the credit in legal domain is regarded as the faith and appraisal which the civil subject gains from society according to his economic capacity that is mainly about the ability of paying off a debt Through the comparisons with reputation, fame and goodwill, this article defines what credit is and stresses its importance.As for the second problem, that is to say the credit right problem, firstly this article considers that credit right should be stipulated in law on the basic of right theory, legislation practice and different attitude of Chinese scholar. Secondly according to what is legal attribute of credit right this article thinks the theory of concrete personality right is more rational after analyzing three different theories. Lastly this article takes some concrete contents about credit right into preliminary conception, such as the legal relationship of credit right, the...