The Research On The Protection Of The Individual Credit Right

In the modern society,credit played a key role for the normal run of the market economy.At the same time,credit owner’s individual credit right has always been infringed.Because of the lack of legislation about our individual credit right protection,the court protect individual credit right mainly by means of the right of reputation or the right of name,which will make the different sentences in the same cases.It would weaken the judicial authority and individual credit right can not be effectively protected.In view of this,this paper intends to analyze the present legislation situation and existing problems of the individual credit right,analyze the existing problems of the individual credit right protection in the judicial practice in China,and explore the mode to protect the individual credit right,so as to improve the system of the individual credit right protection in China.There are three parts in this essay.In the first chapter,it discusses the status quo of indirect protection mode of the individual credit right in China;Secondly,it demonstrates that the indirect protection mode in China is not effective to protect the individual credit right,because the right of name or reputation is different from the right of credit in terms of constituting elements,damage consequences and so on.In the second chapter,Firstly,since China has not clearly stipulated the credit right,the judicial practice also adopts the mode of indirect protection;Secondly,the court will according to their different understanding of the protection of personal credit interests to take a different path,some court protect the interests of individual credit by name rights,some court will protect the interests of personal credit through reputation;Thirdly,the use of the right of reputation and the right of name,two non-monetary relief rights of personality to protect the interests of personal credit,is not enough to make up for today’s social personal credit interests damaged by the loss of huge economic interests.In the third chapter,we conclude that we shall protect our individual credit right by direct mode protection,and it is civil relief of credit right.