The Right Of Personal Credit Recovery And Its Normative Development

With the continuous reform of China’s credit system,especially the emergence of joint punishment for dishonesty,it has organically combined multiple regulatory bodies and multiple disciplinary tools,becoming a new governance model.False and bad credit conditions can make personal life difficult.Currently,China’s courts mainly adopt an indirect protection mode to protect the right to personal credit recovery.The right to personal credit recovery has not yet been established as a formal right by law,and it may still be protected by law in essence.However,due to the lack of a clear and clear appearance of the right to personal credit recovery,it is difficult for judges to use it as a direct basis for judgment.The need for personal credit recovery has been agreed upon in academia and practice.As more and more credit recovery policies have been introduced,the connotation and methods of credit recovery have shown the characteristics of adjusting measures to local conditions and times.How to accurately grasp the connotation and manner of personal credit recovery rights is related to the well-being of thousands of households and society.The qualitative nature of personal credit recovery determines the definition of personal credit recovery and the choice of methods.In the context of national governance capacity and modernization of governance,the current research trend on personal credit recovery rights has become increasingly prominent.The reason why the right to personal credit recovery can become a right is that its certification criteria must comply with the third order requirements.The first is the ethical legitimacy of natural law.The right to personal credit recovery should meet the requirements of both individual good and common good.The right to personal credit recovery must first guarantee the necessity and priority of personal choice.This is because both keeping promises and breaking promises come from the self behavior choices of credit subjects.But at the same time,everyone also has the responsibility to help others and maintain the integrity of the entire community,because rights are not freedom from "obligations".Possessing the right to personal credit recovery is not only to promote self interest,but also to play a fundamental role in the construction of social credit.The second is the social consensus in the sociology of law.The right to personal credit recovery has two major functions: reducing conceptual complexity and stabilizing normative expectations.Regardless of the nature of credit interests,they are the object of rights protected by the right to personal credit recovery.Therefore,the right to personal credit recovery is conducive to resolving disputes about the nature of credit.The right to personal credit recovery arises from the expectation of counterfactual behavior.As a kind of normative expectation,the system of punishing dishonesty is born in the process of seeking functional equivalence strategies to ensure the continuity of the expectation of credit recovery.In the process of the evolution of the right to personal credit recovery,dishonest individuals were given the right to redevelopment,returned to society to create wealth,and achieved social consensus with credit benefit sharing and incentives as the primary driving force.The third is the universal feasibility of empirical law.The right to personal credit recovery can be presumed through judicial representation and procedural provisions on which government responsibilities depend.Credit interests include property interests and personality interests.Although the right to personal credit recovery has not yet been established as a claim basis,it can still obtain judicial relief through the transmission of property rights and personality rights to the relevant specific claim basis.The purpose of setting procedural rights is to guarantee substantive rights.The procedural provisions on personal credit recovery in China’s administrative law can provide a platform for the exercise of the right to personal credit recovery.The above value dimensions,social dimensions,and fact dimensions jointly construct the generation space of personal credit recovery rights.This not only explains the rationality and necessity of the intervention of public power in the right to personal credit recovery,but also serves as an important basis for ensuring the right to personal credit recovery.The effective exercise of the right to personal credit recovery cannot only stay at the level of administrative procedural provisions,but must be confirmed in the form of legislation.At the same time,by implementing a comprehensive remedy model of administrative litigation and civil litigation,the judicial supervision and protection of the right to personal credit recovery can be fully utilized.