The Civil And Commercial Law Regulation Research On The Lack Of Enterprise Commercial Credit

Similar events to the Nanj ing’s "guan sheng garden" incident of expired moon cake, San lu toxic milk powder incident and Yin guang xia’s false information disclosure of enterprise commercial credit lacking events has frequently appeared in newspapers in the new century. The courts judicial practices also shows that the number of cases keep rising, enterprise credit has become a serious social problem.Enterprise commercial credit is from credit. Credit itself is from the ethical, economic, social, legal and other visual angle boundary polysemy with a very rich connotation. In recent years the academic circles mostly do researches from the ethical and economic aspects of credit, few scholars do resarches from civil and commercial legal system itself on the lack of credit problems, more rarely in direct response to the enterprise commercial credit deficiency phenomenon from the perspective of civil and commercial law regulation research. From the economic practice, modern market economy is based on credit as the main trading manners of economy, good credit is important for market economy and foundation. A variety of similar phenomena make clear that our social life in various fields has appeared different degrees of credit deficiency phenomenon, especially the lacking of enterprise credit incidents have become more and more serious. Enterprise is the most important commercial member in the commercial law. comparing to the natural person, enterprises plays a more and more important role in today’s world stage. In order to protect the legitimate rights and interests of the main market members, to safeguard social and economic order and promote the healthy and orderly development of market economy, using a variety of forces to control the enterprise credit problems has become a pressing matter of the moment in China. On the basis of law is the safeguard of credit, lacking of commercial enterprises credit not only commercial ethics matters, it is a deep-seated legal issues too. In the using of legal means to regulate the enterprise commercial credit the civil law is the basic law, and commercial law is the most vitality and prospective law. At the present civil law protections for enterprise credit loss still has some shortcomings, how to perfect the civil and commercial law on enterprise credit flaw question has important practical and theoretical significances. The purpose of writing this article is precisely based on this.Studying of the credit history evolution and comparative to credit’s ethics and economics meaning, we can find that the credit law meaning is a kind of objective and comprehensive social evaluation. Enterprise commercial credit law meaning is from credit. Its society and law meaning is good for enterprise commercial credit flaw countermeasure research.Enterprise commercial credit deficiency phenomenon’s reason has a complex process. From the law itself the operation point of view, our country enterprise legal system of commercial affairs credit creation, applicable law and legal compliance all have their own shortcomings and defects.Civil law is the basic law about property rights and the personal rights in social economy, it plays a fundamental role. Based on the function of civil law and the credit value for the enterprise credit is by law and civil law, credit from the civil law system starting. In the civil credit law construction in future civil code","in that the right to use the content of credit, constitutive elements of tort and infringement damages. In the law of obligation in perfect" contract law" of agency by System on credit protection insufficiency, in the "property law" to improve public trust in the two layer system, analysis of deficiencies is presented on the basis of civil law in our country how to adjust the credit legislation.From the commercial law members and commercial law system,we can try finding one market access, commercial transactions and market exit of the whole process to proceed to build the enterprise commercial credit adjustment mechanism. Among them, the commercial trade and enterprise credit rating system in the regulation of enterprise commercial credit flaw question in China is gradually playing a more and more important role, guiding enterprises to consciously establish "inspiring, dishonesty punishment" values."Enterprise credit management Ordinance two drafts" have been announced to the society, a great social repercussions in many major differences and agree on so many iportmant issues, with the introduction of foundation. As an opportunity, China’s enterprises credit rating industry will have a conformable to the brilliant tomorrow, as an objective professional third party assessment agencies--enterprise credit mechanism in the future will be to strengthen the social members of the credit consciousness, make market main body consciousness standardize the market behavior, to avoid their bad credit record to affect personal occupation career or business goodwill plays an important role.Civil and commercial law is full of vigor and vitality law, the enterprise credit regulation problem has become one of the most popular topic nowadays, dig deep into the civil and commercial law internal legal resources and improve the related legal system framework should be on the regulation of enterprise credit is of great theoretical and practical significance.