Research On The Criminal Law Protection Of Credit Rights

"Let the trustworthy benefit and the dishonest be limited",this sentence accurately reveals the content of the construction of China’s social credit system.The ancients said: "there are two handles for governing the country,one is reward and the other is punishment.Reward is the great virtue of government;punishment is the great power of government." People’s daily communication is always carried out from the credit system construction to the credit system construction.In terms of credit construction,we pay more attention to the "punishment" of dishonest people.At present,our dishonest punishment mechanism is more and more developed.Our criminal law stipulates many charges regulating dishonest acts such as deception,falsehood and falsehood.In contrast,our efforts in "benefiting the trustworthy" are obviously insufficient.In the "two handles" of governance,we ignore the role of "reward".In the realization of "benefiting the trustworthy",the "reward" for the trustworthy is actually a higher pursuit.At present,we do not even fully and comprehensively protect the interests of those who keep their promises in the process of keeping their promises.Under the background that the civil code and the personal information protection law have been involved in the protection of credit interests such as credit and credit information,this paper explores the topic of the protection of credit rights in criminal law from the perspective of strengthening the protection of credit interests,in order to make up for the deficiency of "benefiting the trustworthy" in China’s criminal rule of law from the perspective of "appreciating the good" and "protecting the good",Achieve the goal of "benefiting the trustworthy and limiting the dishonest",and help the construction of China’s credit system.This paper consists of five chapters,following the research idea of "concept definition-Introduction to the basis of discussion-review of current situation and problems-theoretical improvement framework-specific scheme display".The main contents of each part are as follows.The first chapter is the concept and development of credit rights.This chapter first explores the concept and connotation of credit,first clarifies the differences between credit and honesty,trust and reputation,and then reveals the connotation of credit with four propositions: credit originates in the process of human communication,and credit is a way of behavior-something related to others that has fulfilled its promise Credit is a kind of evaluation-an evaluation of things related to others that a subject can fulfill his promise.Credit is an economic value.These seemingly ordinary definitions of credit connotation are gathered together to build the discussion basis of credit power and credit right,which is an important starting point of this paper.Then this chapter analyzes the concept and related elements of credit rights,and points out that the content of credit rights only includes the credit rights of those who fulfill their promises,but does not include the trust interests of those who trust;The unit can become the subject of credit right,but the state can not become the subject of credit right,it can only become the subject of credit power;There are two kinds of credit obligations.The first is the obligation of "speaking of credit",and the second is the obligation of not infringing on the credit rights of others.Finally,it combs the process of the rise of credit rights in China’s economy and society in recent years,and holds that since the reform and opening up,credit rights have experienced three stages of germination,development and prosperity in China.The second chapter is the basis of criminal law protection of credit rights.This chapter mainly introduces the internal and external environment and conditions of the criminal law protection of credit rights,which lays the foundation for the discussion of the criminal law protection scheme of credit rights.Firstly,it analyzes the social basis of criminal law protection of credit rights.On the one hand,it reveals the current value of credit rights in China’s economy and society,on the other hand,it combs the current situation of infringement of credit rights in China.By demonstrating the importance of credit rights in economic society and their vulnerable characteristics,this paper lays a social foundation for discussing the criminal protection of credit rights.Secondly,it analyzes the pre legal basis of the criminal law protection of credit rights.This paper combs the protection of credit rights by administrative law and civil law norms,and analyzes the reference significance of the protection norms of credit rights pre law to the discussion of the criminal law protection of credit rights.First,the existing administrative law norms provide inspiration for determining the regulation direction of the criminal law protection of credit rights,Second,the norms of protecting credit evaluation in the civil code provide a reference for determining the focus of the criminal law regulating credit evaluation activities.Third,the protection methods of credit information in the civil code and the personal information protection law provide a reference for the construction of the criminal law protection normative system of credit information.Finally,it demonstrates the legal basis of the criminal law protection of credit rights.First,it demonstrates that the protection of credit rights in criminal law does not violate the concept of criminal law.Secondly,it demonstrates that the protection of credit rights in criminal law does not violate the concept of modesty in criminal law.Thirdly,it demonstrates that the protection of credit rights in criminal law is in line with the purpose of criminal responsibility.The third chapter is the defects of the criminal law protection of credit rights under the regulation mode of "power-obligation" of credit activities.Firstly,this paper defines the concept of "right-obligation" regulation mode,puts forward the "power-obligation" regulation mode,that is,a regulation mode with the help of "power-obligation" regulation when the law protects or regulates something,and analyzes the rationality and application limitations of the "power-obligation" regulation mode.Secondly,it demonstrates that the main mode of regulating credit activities in China’s criminal law is "power-obligation".On the basis of comprehensively combing the charge resources and normative characteristics of the current criminal law regulating credit activities,this paper points out that the mode of criminal law regulating credit activities belongs to the "power-obligation" mode,that is,the criminal law realizes the indirect protection of credit rights by protecting the state’s management power of credit activities,It presents the structure of "duty power right" of citizens’ good faith obligation-national credit activity management power-citizens’ credit interests.Finally,it points out the defects of the criminal law protection of credit rights under the "power-obligation" regulation mode of credit activities,including the protection tendency of "emphasizing monopoly and neglecting competition",which is not conducive to the equal protection of credit rights of different subjects in the criminal law The regulation tendency of "emphasizing public subjects and neglecting private subjects" leads to the imperfection of the criminal law protection system of credit rights,and the regulation tendency of "emphasizing the regulation of dishonest obligations and neglecting the protection of credit rights" increases the cost of criminal law regulation of credit problems.The fourth chapter advocates the "right-obligation" model of protecting credit rights in criminal law.The first mock exam is the introduction of the legal norm mode of "rights and obligations".It is considered that this model has the characteristics of respecting human subjectivity and protecting the interests of individuals directly.It demonstrates that the "power-obligation" legal norm mode can turn to the "right-obligation" mode.Secondly,it expounds the reasons for constructing the "right-obligation" model of criminal law to protect credit rights.The construction of the "right-obligation" model of criminal law to protect credit rights meets the needs of protecting the value of rights and freedom,improving the efficiency of criminal law protection of credit rights,protecting the order of self-developed credit activities based on marketization and comprehensively constructing the social credit system.Finally,it describes the basic framework and specific value objectives of the "rightobligation" model for the protection of credit rights in criminal law.The protection of credit rights in criminal law is mainly divided into several aspects: the protection of credit information,the regulation of credit evaluation activities,the protection of credit qualification and the protection of credit interests.The protection of credit rights in criminal law should pay attention to the minimum collection of credit information,the appropriate control of the information subject over the processing of their own credit information,the authenticity,comprehensiveness and integrity of credit information,the fairness of credit evaluation activities,the authenticity in the use of credit qualifications and the fair realization of credit interests.In addition,it is clearly put forward that the criminal law protection standard system of credit rights constructed in this paper is limited to the category of interpretation theory,and does not involve the theory of legislation.The fifth chapter is the specific development of the "right-obligation" model of criminal law to protect credit rights.It mainly includes four aspects: firstly,the protection of credit information in criminal law.It mainly focuses on the expanded interpretation of the crime of stealing,buying and illegally providing credit card information and the crime of infringing on citizens’ personal information.It advocates that the protection purpose of the crime of stealing,buying and illegally providing credit card information should be interpreted as protecting the security of credit(product)information,and the "credit card" in the crime of stealing,buying and illegally providing credit card information should be interpreted as "credit product" and "credit card information" should be interpreted as "relevant information of credit product",It advocates expanding the interpretation of the regulatory behavior types of the crime of infringing on citizens’ personal information.Secondly,the regulation of criminal law on credit evaluation activities.It is mainly divided into three aspects: first,the regulation of non institutional credit evaluation activities in criminal law mainly focuses on the interpretative transformation of the crime of damaging business reputation,the crime of commodity reputation and the crime of defamation.Second,the regulation of institutionalized credit evaluation activities in criminal law mainly focuses on the interpretative transformation of the crime of providing false supporting documents and the crime of issuing major untrue supporting documents.The third is the regulation of semi institutionalized credit evaluation activities in criminal law.Among them,the positive "swiping and speculation" behavior should be regulated by the crime of false advertising,and the reverse "swiping and speculation" behavior should be regulated by the crime of damaging business reputation and commodity reputation.Third,the protection of credit qualification in criminal law.It is proposed to expand the regulation scope of the crime of credit card fraud in order to regulate the behavior of falsely using and embezzling others’ credit qualifications.It is advocated that the act of embezzling and embezzling other people’s credit qualification and infringing on property in the network environment belongs to the crime of fraud,and the embezzled and embezzled credit qualification(credit products)can be interpreted as "credit card" in the criminal law.Therefore,such acts of embezzling and embezzling other people’s credit qualification and committing the crime of infringing on property should be recognized as the crime of credit card fraud.Fourth,the protection of credit interests in criminal law.It is proposed that we should draw lessons from the failure of criminal law to regulate P2 P online lending activities.When using criminal law to intervene and guide the new credit model in the early stage,we should pay attention to the criminal risk of the new credit model,whether the regulation of criminal law is appropriate,the relationship between criminal law regulation and administrative supervision policies,and build a double reconstruction relationship model between criminal law norms and new things.In addition,it also pays attention to the regulation of credit discrimination in the criminal law,and puts forward that the crime of illegal loan granting can be used to regulate the phenomenon of credit discrimination.