On Credit Loss And The Civil Law Of The Legal Regulation

Credit is one word that have rich connotation from many stable visual angle boundary polysemous words such as ethics, economy, society, law. At present the academic circles mostly from ethics, the economical aspect begins to the credit research, also some part of legal science scholar has done certain research in view of the credit right, but rarely have a scholar to assume necessary expounding from civil legal system coming the entirety to credit. Come up from practice, the modern marketing economy is based on credit trades, good credit relations are the marketing economy's life and the foundation. A variety of phenomenon is indicated that e ach our country social life fields have appeared equally to varying degrees the lack of credit, a lot of aspect credit crisis is already protruding .The credit flaw regarding the economical, social and the government bylaw construction has the inestimable harm. In order to protect the legitimate right of the trade men ,defend society economic order, promote healthy development of market economy order, governing the credit flaw question using each kind of strength already become the urgent matter of our country . Basing on the law is the credit's safeguard; the credit flaw question is not merely a moral question, but also a deep-level legal matter. During the law means, civil law is the basis law. The present stage our country civil law has quite deficiency regarding the credit protection, how does the further consummation civil law have the important theory and the practice significance to the credit transaction rules and regulations. This article is precisely based on this.The thesis falls into three chapter: In chapter one, starting from origin and history of the credit, through the comparison of ethics, economic significance, this chapter has expounded finally within civil and commercial laws scope. Elaborated the credit regarding social and the legal significance, along as the manifestation which reflected in various fields of our country by the method of cause study; the second chapter emphasizes the movement of the law, namely formulating of the law, applying of the law, observing of the law. This chapter delineates the Legal reason of the credit lack; the third chapter is the legal regulations for credit lack. Based on civil law function and credit value, the Civil law ought to carry on the adjustment to the credit without to doubt, the adjustment to set off from entire civil legal system's improving and perfecting. This chapter proposes that civil credit law ought to choose free -equal, impartial-justice, honest credit as its value orientation. In constructing of civil credit law, the author has analyzed the situation and the insufficiency that the present adjustment of civil law to the credit in our country. The author think that the coming"Civil code"should explicit the content of"credit right", legal requirements upon infringing behaviors against credit right , scope of compensation for damages .In the field of debt law ,it should emphatically perfect the insufficiency of"Contract law"and"Guarantee law". Besides, along with the appearing of "Reality of law", it may say government upon credit lacks will have more perfect legal protecting measure .The Author sets about comment on confirmation of the ownership property and making public system, then make an inquiry into the success and deficiency which the "Reality of law" has on credit protecting .Based on the evaluation of insufficient, the author proposes the suggestion on legislation how our Civil law adjust credit.