Commercial Credit Right And Its Protection

In recent years, the construction of social credit has become a highly promoted social system of Chinese government. The build of this kind of social system need the cooperation various body in our society. However, the construction of social credit system is not only depends on the set of subjects’ obligations, but also depends on the given of subjects’ right. In our modern society, commercial credit transactions developed rapidly in recent years. Along with the convenient transaction, competition, the improper use of credit reports, commercial subjects may subject to more and more credit risk. Their economic capability and operation capacity may also subject to unlawful infringement. The protection of commercial credit right has become a necessary way to ensure commercial subjects’ legal rights and interests. While, is also one essential elements of the construction of a social credit system.Nevertheless law experts and scholars have not given enough attention to the protections of commercial credit right, for many academic treatises focus on the protection of credit right. Commercial credit right is an important right associated with credit right, but is also different from credit right because of the different subjects. Based on the particularity of commercial credit right, it is necessary to study the commercial credit right, therefore, we can use commercial laws and regulations to analyze the best means to protect this right.The first part describes the importance of commercial credit right. This right which can exist independently, having some characteristics, include exclusiveness, the duration of protection is infinite, variability and transformation. Because of all these characteristics let commercial credit right become a kind of special right integrate the property right with personality right(can be defined as commercial right of personality), which is different from the personality right, intangible property right and reputation right. And then the writer recognized commercial credit right is based on the commercial subject’s economic ability and operation ability which has obtained from the society, the commercial credit right is a part of commercial rights of personality. In addition, enjoying the commercial credit, using the commercial credit and relieving from the commercial credit is three basic right to specific and detailed the commercial credit right. The right of retain of commercial credit is the fundamental contents of commercial credit right which include the right to know and the right to reserve. Through obtaining commercial credit information, commercial subjects can ensure their good will will not reduce or lose in the consequence of third party’s infringement. The right of use of commercial credit is not only the constraints of commercial subjects’ behaviors, but also the restriction on other parties’ behaviors. The right to relief commercial credit is the way of remediation when commercial credit is infringed.The second part briefly introduces the legislative background in China of commercial credit right, and concludes the current civil law, commercial law, economic law and other administrative regulations or administrative rules on credit, commercial credit, commercial credit right and other relevant concepts in China in order to show the Chinese present legislative situation and its shortcomings. Many experts proposed the protection of credit right in the Civil Law draft to confirm the reasonable use of credit institution of credit information. But the Civil Law draft has not become effective, so that we can’t make sure whether it is being adopted. In addition, in Anti-unfair Competition Law give the same treatment on the right of reputation and commercial credit right, which protects operator’s business reputation and commodities reputation. In the aspect of administrative rules and regulations, the People’s Bank of China has established the supervision on credit industry and confirms the prior consent, objections, complaints system of personal information collection. It lays a solid foundation for the protection of commercial credit right. However the current situation we must face is that The present commercial credit right is still rely on the honesty and credit principle. The legislation is confusions and has not make some details of the different types of protection methods towards different subjects. Meanwhile, credit rating legislation is still incomplete and the punishment of dishonesty is relatively weak. According to some cases from China, the plaintiff usually use the infringement of credit right or right of reputation to file a suit. But as law fails to stipulate the commercial credit right or credit right, the court treat credit right as right of reputation to give a judgment.The third part summarizes the legislation and legal protection of credit right and analyses the best way for China’s commercial credit right legislation. German is the first country to confirm credit right as a kind of personality right in legislation and use government to protect commercial credit right away from illegal use or interference. Although Japan and America do not have any provisions about commercial credit right, but Japan’s credit information protection is very complete and America’s consumer credit right protection is very strict which are of great significance to China’s legislation on commercial credit right. Taiwan mainly acts the violation of business reputation as a kind of unfair competition, while Italy regards commercial credit rights as the right of reputation. Through summarizes individual credit right in Germany, Japan, USA, Italy and Taiwan District. Through learning these outstanding elaborations providing the reference for the commercial credit of our country legislation and legal protection.The forth part elucidates the protection subject of commercial credit right is commercial subject who engage in business activities and participate in commercial activities, enjoy rights and undertake obligations. The protection subjectivity of commercial credit right is intent and negligence. The protection object of commercial credit right is commercial credit, which is much more importance in evaluation. The objectivity of commercial credit is unlawful infringement of commercial subject and there exists causality between illegal behavior and damages. In addition to this, remedy system can also let industry association to play a mediating role between contesting parties consider of the particularity of the commercial subject. After the introduction part, the author detailed analyses the constituent elements of commercial credit right and put forward my own view on exemption of this right. Then the author shows the opinion on protecting commercial credit right in its objects, methods and other aspects. Based on the existing research foundation and current legislation of commercial credit right, the protection of this right relies on the establishment of legal system of this right. The awareness and objection system of commercial credit right is also an important part of protection. In “Regulation on the Administration of Credit Investigation Industry” have some provisions about objections and complaints which can be considered in subsequent legislation. Furthermore, the establishment of remedy system in commercial credit right can use the remedy system in civil law. Although the specific system have not been clearly established and described, I still want to try my best to guide subsequent legislation.In the consideration of commercial credit right infringement in our society occurrence frequently recent years, the protection of this right is increasingly important. This thesis illustrates the means of protections of commercial credit right. The author also wants to use my own strength for social reference.