Research On The Independence Of Credit Right

The evaluation and trust obtained by the civil subject in the society by virtue of its comprehensive economic ability and the right to retain,maintain and control it enjoys is the credit right.Although credit right has dual attributes of personality and property,its essence still belongs to the category of personality right.In addition,the three-dimensional interest structure of personality right shows that credit right cannot wholly separate its relationship with similar personality right,and the so-called independence is only the relative level of independence.Still,the theory also lays a theoretical space for its independence.By analyzing the historical protection experience of the new personality right and looking back on credit,we find that the protection of credit right in practice has become a consensus and has the right conditions.On the necessity of independence,the existing protection of reputation right,goodwill right and personal information can only give limited relief to credit interests from the side,which cannot work;in judicial practice,it is often difficult to protect reputation right because of the infringement of credit rights and interests according to the constituent elements of reputation right infringement The judgment result is also greatly reduced.This is due to the lack of independent claim in law.Therefore,this paper demonstrates the advantages of direct protection mode through comparative law analysis and highlights its unique features in solving the current credit rights and interests protection in China.In addition,the traditional theory of tort liability is used to clarify the composition of liability and the reasons for its violation of credit rights to clarify the standard of liability determination.