Study On Civil Law Protection Of The Credit Right Under The Network Environment

With the widespread application of Internet and mobile Internet technology, thescope and efficiency are greatly improved the flow of information, the Internet hasbecome an important part of social and economic development, especially with thedevelopment of the network shopping, network transactions, e-commerce industry,network economy from economic scale and economic output in the whole nationaleconomy proportion is increasing, the credit is an important means to reduce thetransaction cost, the process of development of market economy and improvetransaction efficiency. To promote the economic and social development at the sametime, provided a new media for information spreading damage credit interest, one ofwhich is the main reason in recent years the frequent cases of injury to credit interest.This phenomenon shows that the new era of network problems, credit rights andinterests protection in face of the new features, on the other hand also reflects China’scurrent laws and regulations for the protection of the rights and interests in the practiceof credit deficiencies, in the application of the law obstacle.Although the network is virtual, but the infringement of credit right damageconsequence is in reality, using the Internet to slander, libel, false and spread harmothers credit issues are also increasingly prominent. The infringement of credit rightbehavior will not damage the interests of the subject of right of personality, moreimportantly will cause indirect damage of property interests, property interests damageis mainly include the expectation interest and reliance interest damages damage. Andhas seriously affected the healthy and orderly development of market economy, how toestablish and perfect the credit protection system in the network environment, but alsobecome a prominent problem needed to be solved in current social development.Credit right is civil subject evaluation on its economic capacity and performancewill have in society and maintain trust enjoys, control and maintenance of the right ofpersonality. The illegal acts against the right of credit will cause the public to thespecific subject of economic evaluation and reduce the economic ability to trust thedestruction, which leads to the subject of rights and property losses. Some civil law countries and regions have successively in the "Civil Code", the right of creditestablished as an independent civil right, take the direct protection of the credit right.But our country legislation did not credit right as an independent right to protect, inpractice to take the protection of right of reputation of indirect protection of creditinterests, but this protection mode at present obviously can not meet the needs of oureconomic and social development.The article thinks, China’s legislation on the credit right should be protected in adirect way, and in the "Civil Code" personality right encoding specified in the creditright is a concrete right of personality, and on this basis, the specific legislation also hasa guiding role. As a has property interests of right of personality, of violating creditrights civil remedies should be taken to relief money means mainly, supplemented bythe principle of non monetary relief way of relief, but relief money means includeproperty damage and moral damage compensation. This paper from the perspective ofcivil law right of credit and network tort theories, analyzes and responsibility constitutethe infringement of credit right under the network environment responsibility, and in thecivil law and common law, comparative law on the basis of the investigation, putforward suggestions on the protection of our credit right in civil law construction undernetwork environment.