A Study Of Legal Regulation Of Civil Credit From The Perspective Of Marx's Credit Theory

Marx's credit theory is mainly reflected in the Capital, and he also pointed out the credit of the commodity economy has a positive and negative social impact of the dual nature. The material basis for the existence of credit is the capital itself, which is the essence of credit. Credit originated in private ownership and development of commodity economy, it is the basis of making up for imbalances in the exchange. Credit is a financial lending practice; it is not only the concept of economic areas, but also a personal claim and public belief reflected in the parties of economic activities, which also showed a sense of ethics and morality. Civil credit is a capacity based on honesty and trustworthiness which is built up between the parties of economic activities.The main functions of private credit include political, economic, legal and social functions. The political function of civil credit reflects in helping the benign operation of the political system and ensuring the fairness and efficiency of political interests. The economic function of civil credit reflects in assisting in the secondary financing, financial management, education and the promotion of benefits. The legal function of private credit mainly reflects in promoting the judicial integrity and honesty. The social function of civil credit reflects in simplifying the complex, convenience and ensuring efficiency.In contemporary society, honesty and trustworthiness is not only the fundamental ethical principles, but also a necessary requirement of economic interaction, and the essential cornerstone of building a socialist harmonious society and a modern market economy. The lack of civil credit emerges in the transition of our society is an important humanistic and environmental factor which restraining the healthy development of market economies in a long time. There are many factors which restrict the development and operation of credit, mainly including political ,legal, economic, social and cultural factors. As the establishment and rapid development of Chinese market economy in recent years, credit emerged weakening and retrogression in society and a lack of credit exists badly in many fields in China, such as economic fraud, selling fake goods, swindling and other actions, which led to the "credit crisis", and spread to other areas from the economic area as the center, penetrate into every aspect of people's daily life. The lack of civil credit leads to the aggravation of the psychological burden in interpersonal relationships; increases transaction costs, disrupts the social order, hampers economic development and social progress, and has a negative impact to society.This paper makes use of the logic with history, theory with practice to unify the method, literature method and description method to describe the legal regulation of civil credit in perspective of the Marxist Theory of credit systematically and comprehensively. Revisiting the classic Marxist theory of ideological credit with the current status of civil credit and using legal means to regulate government's, market players'and judicial behavior are in order to improve civil credit guarantee mechanism and rebuild civil credit. To regulate the civil credit, we must establish the correct legal guidelines, improve the legislative and judicial credit system, and establish a sound mechanism for reward and punishment of civil credit.