Researches On The Credit Right Of The Independent Personality Right

The modern market economy is not only legalized economy, but also credit economy. Nowadays, credit is playing a more and more influential role in various social fields. However, credit right has not been established as an independent civil right in the existing legal system. In judicial practice, we can only adopt indirect ways to protect the credit right from being infringed. Besides, the understanding to the concept, nature, content of the credit right and so on has not been reached to an agreement in academia. Therefore, it is much more valuable to study the credit right in contemporary credit reporting industry.In this paper, besides introduction and conclusion, there are altogether five sections in the text.The first section mainly introduces the judicial and the legislative statuses of credit right protection. The paper points out that the court adopts indirect protection ways mainly like the reputation dispute resolution model, the general personality right dispute resolution model and the intellectual property rights and competition dispute resolution model when credit benefits are disputed. Up till now, our country hasn't established direct legal norms of credit right. On the contrary, we just use indirect legal norms which have shortcomings to protect the interests of the credit. It is important to establish credit right as an independent right in the modern credit system.The second section mainly studies the concept and natures of credit right. By compared with credit and credit right that claimed by scholars, the paper puts forward that credit is a social assessment. It is used to evaluate the comprehensive abilities of civil subjects in objectively economic activities and their subjective wills to fulfill the pacts. However, credit right is the right which refers to the civil subjects like the natural persons, legal persons and other organizations have the right to retain, maintain and use by excluding the illegal interference or infringement from others. When analyzing the natures of credit right, the paper points out the abuses of property rights, mixed rights and commercial personal right. It agrees that credit right is an independent personal right with property of personality right.The third section mainly discusses the relationship between credit right and related civil and commercial rights. Firstly, the paper states the relations and distinctions between credit right and the right of reputation. It deems that credit right should have been an individual personality right which separates from the right of reputation. Secondly, it points out that credit right and commercial reputation right do not mutually contain as they have the characteristics of their own. Finally, the paper studies the conflict and coordination problems of credit right and the right of privacy. As a result, it suggests that we should balance the relationship of the two rights by referring to the experience from the comparative method.The fourth section mainly studies the constructing problems of credit right. The article focuses on the contents of credit right, but briefly mentions the subjects and the objects of credit right. The paper believes that natural persons, legal persons and other organizations should be the subjects of credit right. Besides, it considers that the objects of credit right should be credit interests, having spiritual values and property values. What's more, as to the contents of credit right, it thinks credit right mainly includes four aspects like the use, maintenance, protecting and remedy of credit right and expounds them respectively.The fifth section mainly studies the civil liability issues of credit right infringement. The law needs to relieve the credit right when it is abused. The remedies include stopping the infringement, restoring credit in no cash relief way and compensating for the loss in crash relief way. According to the rapid development situation of our credit reporting industry, we should also introduce punitive damages policy in law in order to protect the interests of citizens' credit right effectively.