On The Development Of The Creativity Of Postgraduates

Credit right is the right of the subject of right to obtain creditworthiness benefit depending on its ability and quality of performance.Credit right is a new kind of right.There are two logical bases for the new rights: one is the imbalance of the distribution pattern of social interests;the other is the emergence of new interests that can be allocated.As long as one of them is satisfied,the logical basis of new rights will be established.The development of financial industry,the development of new technologies such as Internet technology and big data,and the development of Internet finance represented by Ant Golden Clothes and Jingnong White Tips make it possible for the right subjects to use their own credit to extract credit interests directly from financial institutions such as banks and Internet Finance,and this kind of "credit" which produces credit interests is becoming more and more common and presents itself.The special characteristics and trends of digitalization and quantification that did not exist before the scientific and technological revolution indicate that new interests based on the digital age have emerged and should conform to the second logical basis for the emergence of new rights.Yao Jianzhong established a new standard system for judging rights.In this system,the criteria for judging new rights are divided into substantive criteria and formal criteria.The substantive criteria are mainly based on whether the subject and object of rights are "new".When the subject of rights expands or shrinks,the substantive criteria are met,and when the object of rights produces new objects,the substantive criteria are met.When there is no new right as a statutory right in the past legal norms,but it clearly appears in the present legal norms or can be deduced,it meets the formal standard.It is noteworthy that in these two sets of standards,new rights can be established only if they are met at the same time,while in the respective systems of each set of standards,the sub-standards can be established only if one of them is met.Specifically,the substantive standard of the new right is established when it meets the subject standard or the object standard in the substantive standard,and when it meets the time standard or the space standard in the formal standard,the formal standard is established,but only when it meets both the substantive standard and the formal standard,can we say that the right is a new right.Back to the right of credit,the right of credit can be deduced from the right of goodwill in China's Anti-Unfair Competition Law,which conforms to the formal standard.The object of the right of credit is "credit",because the subject of the right can extract credit interests from financial institutions,and the credit interests obtained from credit information and quantitative credit records in the era of big data can produce new "object".Matter"accords with the substantive standard because of the new"object".Starting from the syllogism of the basic reasoning mode of deductive reasoning,taking the judgment standard of new rights as the major premise and the characteristics of credit right as the minor premise,because credit right conforms to and at the same time conforms to the major premise of formal and substantive standards,it is concluded that credit right is a new right.According to the different scope and degree of realization of rights,rights can be divided into due rights,statutory rights and actual rights.The scope of the three rights is reduced in turn,and the degree of realization of the three rights is gradually increasing.According to this classification standard,as a new right,the credit right is a natural right.Our country has not legalized the credit right for direct protection.Obviously,as a legal right,the credit right can be better realized.It is worth considering whether it is necessary and meaningful to protect credit right directly by legalization.In reality,in the implementation of law,our country is a continental law system,and precedents are not enough as legal basis.Most cases of credit right do not take credit right as the object of protection.Even if there is a judgment recognizing credit right,it will not be taken as the basis for the next trial,which can not be protected from the certainty and predictability of law.In respect of law-abiding,because there is no law to protect citizens' credit rights,the infringement of credit is also a disaster area,and as the main body of new rights,because rights are not guaranteed by law,there is also a lack of motivation to fulfill obligations and enthusiasm to accumulate credit,which is not conducive to the construction of a credit society.Credit society should have a mature legal system of credit.The main body of society should actively and actively accumulate credit instead of relying on the strong accumulation of credit and attach importance to credit.In terms of system,a perfect credit reporting system should be formed.Therefore,it is not conducive to the construction of a credit society.From a more macroscopic point of view,it is also not conducive to the construction of a society ruled by law.Yu Xingzhong believes that a society ruled by law is first and foremost an honest society.When people do not attach importance to the right of credit and accumulate credit because they do not have legal affirmation,they will not be able to form a credit culture and credit consciousness,nor an honest society,which ultimately hinders the construction of a society ruled by law.When the legalization of credit right becomes legal right from legislating due right,the whole people will form credit consciousness,and then actively fulfill the obligation not to infringe on credit right,and also actively accumulate credit.Judicially,citing the relevant rules of the right to credit makes it unnecessary for judges to reuse the irregular elements such as the principle.The protection of rights is more specific and powerful.The law is more definite and predictable.It safeguards the value and dignity of the law and is conducive to the formation of legal beliefs.Legislation is conducive to the improvement of the entire rights system,but also greatly promote the construction of the credit legal system.Right is the basic category of law,and the construction of credit law is inseparable from the theoretical construction of credit right,which is also the cornerstone of the construction of credit theory.