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On Civil Protection Of The Individual Credit Right

Posted on:2021-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:T Z ChengFull Text:PDF
GTID:2416330605956153Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the unceasing development of market economy,individual credit is playing a more and more influential role in economic life.The quality of individual credit have gradually become one of the factors influencing the trading activities of natural persons.However,current existing civil law in China does not clearly define the independent status of individual credit right,and it can not completely protect the individual credit right of natural person.Therefore,it is necessary to accelerate the establishment of a civil law protection system for the individual credit right.From the connotations of individual credit and the individual credit right,the paper analyzes the characteristics and legal relationship of the individual credit right,analyzes the difference between the individual credit right and other rights,and discriminates the conflict and balance between the individual credit right and the privacy right.Through combing the current status of the civil protection of the individual credit right in China,this paper stepwise analyzes China's existing problems in the civil protection of individual credit right.This paper also summarizes two different protection modes of the individual credit right by comparing the diversified legislative models for the individual credit right in other countries,and analyzes the pros and cons of the two protection models of the individual credit right.Finally,combined with Chinese national conditions,this paper clarifies that China should adopt the direct protection model of the individual credit right,namely China should establish the individual credit right as an independent right of personality,the idea of protecting individual civil rights is that our country should be in the Civil Code general principles and personality rights clearly stipulated in the credit right,and proposes to improve the constituent elements of infringement of the individual credit right.For the infringement of the individual credit right,a compatible remedy should be taken into consideration and indirect damages and mental damages should be provided.This paper utilizes literature analysis,concept analysis method,comparative research and other methods to study the civil protection of individual credit right.With the rapidly advanced credit economy of China,there will be increasing credit economic activities of natural persons.The reinforce of the civil protection of the individual credit right in China is urgently needed.It is necessary to conduct in-depth research on the civil protection system for the individualcredit right.
Keywords/Search Tags:Individual credit right, Credit infringement, Civil protection
PDF Full Text Request
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