Research On Civil Law Protection Of Credit Rights

With the continuous development of the credit economy,credit is playing an increasingly important role in all walks of life,and credit has become one of the main factors affecting the lives of Chinese citizens.However,our country does not stipulate the right of credit as an independent civil right,and has not established the independent personality status of the right of credit,so it cannot fully protect the credit right of civil subjects.This article first starts from the current status of the protection of credit rights in civil law and judicial cases,and gradually analyzes the problems in the judicial practice of the protection of credit rights in the civil law in China.For example,with the development of the current credit investigation industry,credit investigation cases that infringe the credit rights of credit subjects are also Occurs frequently,but the current legislation provides indirect protection of credit rights.In judicial practice,reputation rights disputes,name rights disputes,and general personality rights disputes are often used to protect credit rights,which will lead to different standards of credit rights determination and liability methods There are limitations and it is impossible to provide perfect judicial remedies for credit subjects.Secondly,it sorts out the basic theories of the academic circles on the justification of credit rights,the definition of credit rights,and the nature of credit rights.Combining with my country's specific national conditions,it analyzes that my country's credit rights should belong to the attributes of personality rights and apply the direct protection model to protect credit rights.That is to say,the right of credit is an independent personality right enjoyed by the evaluation and trust of the objective performance ability and subjective performance quality of the civil subject in the society.Then through the comparison of the civil law protection models of foreign credit rights and the judicial practice of foreign credit rights,and summarizing the beneficial experience in the legislation and justice of foreign credit rights,it provides suggestions for the improvement of the specific system of my country's credit rights civil law.Finally,it is concluded that my country's credit rights should adopt a direct protection model,that is,credit rights should be stipulated as an independent personality right in the legislative interpretation,and the specific system of credit rights protection should be improved,including clearly stipulating the tort liability of credit rights in the legislative interpretation.,Improve other supporting systems related to credit investigation,etc.,to provide more comprehensive protection for the credit rights and interests of credit subjects.