Research On The Right To Credit From The Perspective Of Community Credit System

With the development of big data and other science and technology,the credit economy has gradually become the main form of modern economy,and credit has penetrated into all aspects of the life of every member of society.With the widespread application of credit,untrustworthy behavior and pan-credit behavior occur from time to time,but China’s protection of credit interests is still protected under the framework of personality rights,and the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")does not establish credit as an independent right,but uses the framework of personality rights to protect credit interests and affirms the power of credit subjects to inquire,object,correct and other credit rights.However,credit not only has personality attributes,but also has intangible property rights attributes,and the existing legal system is insufficient to protect credit interests,so in order to regulate credit behavior,realize better protection of credit rights,and advocate a social atmosphere in which the whole society keeps creditworthiness,it is necessary to study issues related to credit rights and improve the social credit system.This paper mainly uses traditional research methods such as literature analysis and quantitative analysis and the four methods of credit rule of law research proposed by Professor Wang Wei in "Important Methodologies for Credit Rule of Law Research",namely,based on locality,system construction,balance and coordination,and type regulation,[ Wang Wei: "Important Methodology for Credit Rule of Law Research",China Credit,May 2022,pp.110-112.] to study the issues related to the legalization of credit rights from the perspective of social credit system,through the research of this paper,the legalization of credit is conducive to the protection of credit,the creation of a credit society,the efficiency of transactions,and the promotion of economic development.Improve the social credit system,build a country ruled by law,a government ruled by law,and a society ruled by law,achieve greater perfection in all aspects of the system,and basically realize the modernization of the national governance system and governance capacity.In addition to the introduction and conclusion,this article is divided into three parts.The introduction introduces the research background,research significance,research content,research methods and innovations,and makes a literature review.The first part expounds the particularity of credit research from the perspective of the social credit system,the social credit system is a cross-field,whole-society national governance mechanism,credit subjects and application fields under the social credit system have the characteristics of full socialization,due to the development of the era of big data,the connotation of credit is transformed from personal credit to social credit,research on credit rights from the perspective of social credit construction,break the discussion of credit rights from the perspective of narrow credit,that is,personal credit,and discuss credit rights from the perspective of broad credit,that is,social credit Putting the study of credit rights in the perspective of the social credit system is a peculiarity from the perspective of the social credit system.The second part mainly studies the content of the legalization of credit rights,including the necessity and legitimacy of legalization of credit rights.The necessity of legalizing credit rights includes the limitations of current legislation on credit protection,the enlightenment of extraterritorial credit legislation models on the legalization of credit rights,and the legalization of credit rights is also in response to the needs of the construction of a socialist credit system with Chinese characteristics,and credit rights are also in line with the legal theory of new rights.The legitimacy of the legalization of credit rights is mainly a study of the content of credit rights,including its connotation,nature,subject and object,power,etc.,and at the same time expounds that credit rights are special compared with neighboring rights,and it is insufficient to use adjacent rights to protect credit.The third part is to discuss the legislative model of credit right,from the perspective of comparative law,the protection of credit in countries and regions in the world today is diverse,but there are two legislative models for the independence of credit rights in countries and regions that recognize the independence of credit rights,that is,the establishment of credit rights through the civil code and the establishment of credit rights through separate legislation,and through the analysis of China’s local national conditions and actual legislation,it is believed that a unified social credit law at the national level can be established to build credit rights.The conclusion summarizes the above research methods to solve the problem of legalization of credit rights in the construction of social credit system,including the necessity,legitimacy,choice of legislative model,and the innovation points of this paper,and points out that the shortcomings of the paper mainly lie in the shortcomings of fieldwork and empirical research.