Reaserch On Civil Law Protection Of Credit Benefits

To some extent,the essence of the modern market economy is the credit economy.With the further development of economy and society,credit has gradually become an important medium in the transaction process.Although the development of credit consumption in our country is in full swing in recent years,the law does not seem to keep up with the pace of social development.The existing civil law in our country has always provided no explicit provisions on credit.There are five kinds of viewpoints of "intangible property right theory","credit right theory","reputation right theory","commercial personality theory" and "mixed rights theory" in the new type of civil legal interest of "credit" in theory circle.The above five views reveal the connotation of credit interests from different angles,but all of them have certain limitations.Examining the historical origins of credit and the characteristics of the times we can see that credit interest should belong to a kind of personality law.Furthermore,it is not appropriate to rash up the credit interest as a right when there is a deficiency in the accumulation of such cases in the theoretical discussion and in practice.Otherwise,it may be counterproductive and not conducive to accurately interpreting the connotation of the legal concept of credit And extension.Therefore,under the current law system,it is deemed as a civil law benefit protected by law.At the same time,in practice,there are also four distinct treatment paths:the protection mode of reputation right,the protection mode of name right,the protection mode of common personal right and the protection mode of general clause of tort law,Although its legal structure and credit interest have similarities,both the constitutional elements of rights and the components of infringement constitute significant differences from the credit interests,therefore,the right of reputation as the protection of credit interests is not proper.The limits of the scope of cul-ture coverage exist and can not be applied to other types of infringement other than "deception and fraudulent credit." As for the general right of personality,due to the ambiguity of its concept itself,and under the framework of my empirical law In addition,it can not be used as the basis of the right of claim for protecting the credit interests.In fact,under the condition that the civil legislation of our country has not stipulated the credit interest clearly,it can be passed Interpretation of credit interest as "other persons" as stipulated in Article 2 of the Tort Liability Act And property rights and interests ",and then protects it in accordance with the principle of fault liability stipulated in Paragraph 1 of Article 6 of the Law and determines the perpetrator's tort liability through the assertion of the constitutional elements of tort liability.In the scope of damages should follow the corresponding causal relationship between the premise,with the actual situation to be specifically identified.Any reasonable expenses incurred by the victim in recovering the credit record,liquidated damages incurred as a result of the damage to the credit interest resulting in the failure to perform the contract,reasonable costs added to the deposit or renegotiation of the contract,and consequential moral damages shall be compensated.However,due to the adjustment of bank interest rates and state taxes and the loss of trading opportunities,it is unfavorable to compensate for these two situations are not predictable and beyond the scope of considerable causation.