Research On The System Of The Right Of Credit

The right of credit is a category which is studied in economics and not enough in the field of law,Max Webb once described the credit,credit is a kind of capital and virtue,it can bring practical benefits.He believes that credit and professional responsibility,honesty,thrift,patience and love together constitute a spirit of capitalism.However,the real legal sense of the credit right is only appeared in twentieth Century,At present,the right has become an important system in the civil law of continental law system countries,the civil code of Germany,Austria,Portugal and Taiwan clearly stipulates the concept of credit right and its protection,Spain,Japan and other countries are also in a single law or judicial practice to recognize the right,common law countries have not stipulated the right of credit protection,but many laws actually cover the right of credit,the credit right in these countries included in the tort law,the protect ways about property and commodity are adopt to the right of credit.However,China is still in the credit industry began to start,the present situation of our country is quite similar to that before the promulgation of the German Civil code,therefore,there is no legal provision of credit right in our country.As the development of the economy and the acceleration of the globalization process,China must conform to the trend of the international community.That is to say,we should attach importance to the right of credit and study the credit right,so as to provide the credit right in the future legislation.Credit is an important intangible asset,it can bring more trading opportunities and economic benefits for the right subject in society,so credit is of great significance to the survival and development of human beings,it has now become a hot issue of common concern of all levels.However,with the expansion of the scope of the transaction,the increasing number of transactions between the unfamiliar subjects makes the lack of credit phenomenon more and more,the lack of the legal system is to make this situation more publicity.Although China has been involved in credit rights protection laws and regulations in many problems,but the existing legislation does not stipulate the credit right as an independent right,so many people are not able to credit as the right to pay attention to,So many people are not able to pay attention to the credit as the rights tocivil rights,the civil rights will not be comprehensive and effective protection.The study of the theory of credit rights can call for the return of credit,and provide feasible suggestions for the legislation of our country's credit right.This is undoubtedly a good way to solve the lack of credit.We start with the concept and characteristics of credit right to study the credit system,using the method of literature research to discuss the connotation of credit right.Then,the paper analyzes and compares the nature of the right of credit,After that,it probes into the essential factors of the credit right in order to deeply understand the credit right.Of course,the research of credit right theory is not enough,so we need to combine the reality of the existence of the credit infringement cases,and refer to other countries on the legislative mode of the right to credit,so as to put forward suitable for China's national conditions and effective system concept.