Logical Grounds And Stylistic Choices For The Integration Of The Credit Right Of Natural Person Into The Civil Code

The problem of the violation of the credit right of natural person has already existed for a long time.It has gradually become prominent along with the construction of China’s social credit system and the development of the credit information industry,making the protection of the credit right of natural person one of the hottest issues today.Anyone who has committed a dishonest behavior will result in restrictions on various activities.Bad credit records will cause natural persons to face the loss of commercial opportunities and the increase in transaction costs.This Article advocates the protection of the credit right of natural person through the Civil Code.In addition to the Introduction and Conclusion,this Article is divided into four parts,which are described as follows:The first part is empirical analysis,which examines the external appearance of the credit of natural person in judicial practice,and carries on the type analysis of the causes of disputes.This Article finds that judicial practice has different views on the nature of the credit right,and the application of civil liability is very restrained and prudent,and it cannot effectively protect the property interests contained in the credit right of natural person.The second part clarifies the meaning of the credit right and points out that the existing protection model cannot protect the credit right of natural person in many aspects.Subsequently,this Article discusses the reasons and feasibility of protecting the credit right of natural person through the Civil Code.The third part is the research on comparative law.Through the study of the relevant laws and regulations of the civil law system,it is clear that the our Civil Code should also include the credit right of natural person to meet the needs of the modernity and internationalization of the Civil Code;Through the study of the relevant laws and regulations of common law,this Article summarizes rules for the protection of the credit right and the protection methods that can be used for reference.The fourth part clarifies that the credit right should be defined as a kind of independent specific personality rights and points out that the credit right of natural person should be reflected in the General Rules.Meanwhile,the credit right is supposed to be stipulated in an independent chapter in the part of personality rights,and a dual method of imputation shall be provided in the part of tort liability.