A Study On The Civil Liability Of Infringing On Credit

This paper summarizes the cases of credit right between 2010 and 2016 by means of empirical research,and finds out the controversy and problems in the referee case of judicial case.Through the statistical analysis of the civil liability of credit right,it is found that there are still some controversy about the applicability and application of the three kinds of civil liability in the indirect damages,mental damage compensation and apology.From these three aspects of the problem to find a reasonable answer.There is a negative view of the indirect damages of credit rights.The negative view of the scholars mainly focus on indirect damage compensation causality on the obstacles and the amount of compensation quantitative difficulty.But it is undeniable that there is an objective loss of opportunity.interests and expecting interests.in the credit case.Both interests are objects protected by the tort law and can not be denied because of the difficulty of compensation.which will violate the principle of full compensation in tort law.Taking into account the uncertainty of the indirect damages itself and the difficulty of the parties to prove the fact.the proportional compensation principle not only solved the difficulty of causality,but also gave the victim the appropriate amount of compensation.In the compensation for mental damage,because the nature of the credit right is controversial and some scholars believe that the right of credit is property rights when it is infringed and there is no mental damage.in the rapid development of commodity.The credit right although has the property but still difficult to take off the essence of personality inherent.The credit right both has the personality and property which is a kind of commercial personality.When the credit right is inflicted,the natural person will inevitably feel distress,pain and other negative emotions,.the existence of pain need mental damage compensation play its comfort function.In the application of apology to the civil liability,some scholars believe that the role of apology is to make up the spirit of pain,company has no mental pain and can not apply to the apology.This view only from the content of apologize.It is undeniable that the apology does have the function of compensating the pain of the mind,but when the inner content is combined with the external manifestation of apology,it has the function of eliminating the influence.Through the media which is applied for the audience publish an apology can make the audience understand the truth,and eliminate the adverse effects of the previous violations.At the same time,in theapplication of the standard of apology should be more relaxed,to eliminate the impact can be applied,the existence of natural persons can also be applied when they feel pain and the application do not require the serious damage.Finally,whether the credit right can be finally confirmed by legislation,with the highly developed credit society is quite exciting.This paper studies the problems of credit in recent years,finds out the problems and makes reasonable assumptions,hoping to provide some new understanding for the follow-up credit legislation.