Font Size: a A A

On Civil Law Protection Of Credit Interest In Social Credit System

Posted on:2020-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:W J ZhengFull Text:PDF
GTID:2416330620456809Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under the construction of social credit system in the new era,the connotation of credit has been expanded,and there is a certain deviation between the understanding of credit concept in the credit theory of civil law and the changed concept of "credit".Through the interpretation of the concept of credit,the concept of credit in civil law is defined from the simple "debt paying ability evaluation" and "economic ability evaluation" to the social trust and evaluation of civil subjects in terms of their ability to fulfill their legal and agreed obligations.This extension of credit connotation is not only based on the demand of social reform under the construction of social credit system,but also derived from the logic of civil law itself.Credit interest is a kind of personality interest.The civil law protection mode of credit interest is not to create new rights to protect it.The credit interest and reputation interest have the endogenous consistency,through the explanation theory method,expands the scope of the reputation right,may achieve to the credit interest comprehensive protection goal.In the process of credit evaluation,the legal interests that may be violated in the whole process should not be considered as the violation of credit interests,but should be distinguished according to the protection boundaries of different rights and interests.In terms of the relief system for credit interests,the principle of informed consent is faced with greater challenges in the context of big data scoring.The content of informed consent should be standardized in order to improve the application of the principle of informed consent and prevent the risks contained in improper credit scoring of big data.At the same time,through the elaboration of the rules of objection right and deletion right,the function of the claim right of personality right in the protection of credit interests is improved.
Keywords/Search Tags:Social Credit System, Credit Interest, Personality Interes
PDF Full Text Request
Related items