Research On The Protection Of Credit In Civil Law

Credit is the cornerstone of the socialist market economy.The state proposes to speed up the construction of the social credit system and speed up the pace of building "credit China".Therefore,strengthening the protection of credit is of great theoretical and practical significance.At the present stage,our country protects the credit through the reputation right in the general principles of civil law and the commercial credit in the anti unfair competition law.These two ways of protection have its merits,but it is too one-sided and not enough for the protection of credit.When the compilation work of the civil code is under way,it is a necessary condition for the integrity of the national commercial legal system to explore the ways of protecting the credit,whether the credit is right or not,and how to construct the credit right after the credit.The legislation does not specify a clear and perfect way of protection.In judicial practice,the application of the referee is not uniform,so it is necessary to explore a more reasonable path of credit protection.There are many ways of protection.In contrast,the way of protecting the right of credit in the civil code of Germany and the civil law of Taiwan is more reasonable,and many scholars,such as Wang Zejian,Yang Lixin,Wang Liming and Wu Handong,appeal to our country to create the right of credit.The right of credit is the right to enjoy the interests of social evaluation in society and its economic ability.It can not be separated from the subject of the right,and has the personality attribute.At the same time,it is a kind of economic evaluation,reflecting the property value and possessing property property.Therefore,the nature of the right of credit should be defined as a dual attribute,and the protection of credit is more comprehensive.The protection of the right of credit has its own unique advantages compared with other ways of protection,and the line of credit and other rights is clear.There is room for resettlement in the current legal framework,which is feasible.If a legal interest is fully protected,it needs to be realized from two aspects:the right to confirm and the remedy.No relief is not right,the relief of the right of credit is an indispensable part of the protection of credit.There are three kinds of relief ways to infringe the right of credit,including unjust enrichment,liability for breach of contract and tort liability,and the most appropriate remedy for tort liability.Based on the dual nature of the right to credit,compensation for damages should include compensation for property damage and compensation for mental damage.In conclusion,in order to better protect the credit interests of the main body and build a good credit rule of law environment,we need to create the right of credit.