Research On Legalization Of The Right Credit

The civil subject has the right to retain,utilize,dispose and maintain its interests,which is called the creditright.And the right is basedon the trust evaluation of the strength of economic strength and the willingness to perform the obligation of payment.Credit right is an independent right of personality which meets the needs of the development of socialist market economy.The development of Internet technology,Blockchain technology,big data and other new technologies has greatly promoted the development of Internet finance,so that the right subjects can directly or indirectly obtain credit benefits in banks,Internet Finance and other financial institutions based on their credit to meet the needs of daily life and economic transactions,which shows that many fields have produced general credit benefits based on the digital era.Credit infringement's phenomenon has been appearing commonly because people often driven by pursuit of profit.But there is no clear legal provisions on credit right in China,which makes the credit right in the legal provisions in a blank state.The root cause of the credit crisis is the conflict of interest.When the civil subject pursues the maximization of interest,he neglects the bottom line of morality to do harm to others and benefit himself.In addition,the credit law and system are not perfect,which fails to effectively protect the credit and punish the dishonest actor.In the judicial practice,there is no clear judgment basis for the judicial judgment,which can only indirectly protect the credit interests,and can not provide comprehensive solutions to the new problems and situations in the credit protection.China is a country,which has written code.And judicial judgment is the result of the operation of law.In the case of credit infringement,the court will not recognize the infringement of credit rights.Even if there is a judgment recognizing credit infringement,it will not be the basis of the next trial,which can not protect the credit rights from the certainty and predictability of the law.Our country is on the road of the rule of law society to overcome difficulties.The honest society is a premise of the law society.If there is no legal requirements,people do not pay attention to the accumulation of credit obviously.And the social credit culture and credit awareness will be missing,honest society will not be formed.Finally,the construction of the society of the rule of law will be hindered.When the credit is changed from the right to the legal right,the corresponding obligation will follow.When the whole people form the awareness of credit and perform the credit obligationactively,the accumulation of credit is no longer a problem.As an independent personality right,enough protection is the value of credit right.Credit right can only be protected if it is rooted in people's consciousness,and it can truly reflect its value.But,the public's initial understanding of rights often starts from the authoritative and specific provisions of rights in the written laws formulated by the state,and then the popularization from the top to the bottom,making this right guide people to predict and evaluate their own and others' behaviors through the popularization of laws,accurately and clearly positioning,forming the thinking of the rule of law.In this way,people can not only use the law to protect their own rights,but also a kind of restriction to the behavior of infringing others' rights.This is also the practical significance of the necessity and feasibility of the legalization of credit right.Therefore,to establish the independent status of credit right in law,the trustworthy can use their rights to protect their maximum legitimate rights and interests,judicial practice can also find the basis of law,social and economic development will also be supported and encouraged,which not only conforms to the spirit of law but also the meaning of law.