On The Civil Protection Of Credit Right

Credit is an important bargaining chip in the competition of market economy,the development of market economy highlights the value of credit in the transaction process.While the lack of credit has become the corrupt customs in the development of market economy,and it has seriously restricted the healthy development of the economy.There is no direct legal provisions for credit protection in the law,so it is protected only through the reputation right indirectly.As a result,the applied legal basis is inconsistent about the adjudication of cases related to credit and the infringement of credit interests in the judicial practice,and even lead to the problem of “identical lawsuits with distinct judgment”.The indirect protection mode of credit is not conducive to the comprehensive protection of the interests of the civil subject,the effective and healthy operation of the market economy,and also is not conducive to the establishment of social credit system.Therefore,combining with the status of legislation and judicial practice in China,this paper analyzed the deficiencies of current legislation and judicial practice to protect the rights of credit in China.At the same time,the paper compared the relevant legislative provisions of credit in different countries,and pointed out the enlightenment of foreign legislation to the credit legislation in China,thought about the legislation of credit rights in Chinese civil code in the future,through the enlightenment of extraterritorial legislation,to improve the construction of credit laws and regulations related to credit rights.This paper is divided into five parts to analyze the above contents.In the first part,the background,the purpose and significance of the research are introduced,and the current situation of credit system at home and abroad is analyzed.In the second part,starting from the theoretical overview of the credit right,this paper considered that the nature of credit right is personal right,its attribute of property is indirect.The credit right is the social evaluation of solvency,performance ability or occupation credit of the civil subject.In the third part,the current legislative and judicial status for the protection of right of credit in the civil law is analyzed,this paper pointed out that,the indirect provisions of legislation on the protection of the credit rights and the credit management legal system is not perfect,there are the defects and deficiencies of personal credit information in personal credit law;in the fourth part,this paper analyzed the two protection modes of credit right system,and introduced the legislative protection of the credit right system in the main countries of common law system and continental law system.On the basis of comparing the practice of legislation in different countries,and the present situation of legislation in China,pointed out that the legislation of credit right in China should be combined with the protection mode of the reputation right and the mode of tort protection,and bring the right of credit into the protecting object of reputation right,the construction of credit system should also be connected with the credit system,and strengthen the supervision of the credit industry.At the same time,there are reasonable restrictions on the exercise of the credit right in the credit investigation,and the credit system such as credit rating should be improved,so as to adapt to the construction of credit right system.