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Research On Civil Law Protection Path Of Individual Credit Right

Posted on:2023-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2556306839963509Subject:legal
Abstract/Summary:PDF Full Text Request
The status of credit in the whole society is self-evident,from personal credit to social credit,good credit environment is the cornerstone of the steady development of market economy.In the current market economy continues to flourish and improve,new consumption behaviors developed by credit are increasing day by day,especially economic behaviors conducted by individuals using their own credit,including but not limited to installment sales contract,loan sales,etc.A series of rights generated by credit around individual civil subject are called individual credit right in theory.Searching the Chinese Adjudication documents website,it is found that the infringement of personal credit right often occurs in Our country,but there is no unified and clear way to deal with it in practice.This situation will indirectly lead to the loss of some economic interests or transaction opportunities of some infringed subjects.If this goes on for a long time,the due function of personal credit cannot be brought into play,which is bound to affect the credit environment of the whole society,and the development of market economy will also face many obstacles.Explore the reasons for this phenomenon appears,you will find the problem is the lack of legislation in our country,our country law did not confirm the individual credit right independent status,gave no more individual credit right model and protection pattern of infringement,for the booming credit economic behavior in real life is a huge potential vulnerabilities,Therefore,the independent status of individual credit right should be confirmed in the law as soon as possible,the content of individual credit right should be refined,the tort liability of individual credit right should be perfected,and a relatively complete system of individual credit right should be established to fully protect the individual credit right of civil subjects.This paper describes the significance of the topic selection and the status quo of research at home and abroad,in order to sort out the previous theoretical development and research status,and then discusses the research method,research innovation and the framework of the paper.Followed for individual credit right started a detailed explanation of the basic theory,define the concept of individual credit right and the difference between with other personality right,at the same time introduced the rights of legal property and the right content,combined with the present judicial practice in the case of individual credit right establish further expounds the necessity of the,by the case again to return to our country’s legislation present situation,Introduced the existing legislation of our country and points out that our existing legislation for the deficiency of individual credit right protection,finally on the premise of the foregoing analysis is insufficient give advice about our individual credit right protection path,stressed after the tort compensation for mental damage and economic loss compensation,fully protect the rights of individual credit right subject was the relief after the invasion,Maintain the credit rights of civil subjects and promote the further construction of social credit system.
Keywords/Search Tags:Individual credit right, Right nature, Tort liability, Damage relief
PDF Full Text Request
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