论信用权及其制度构建

On the Credit Right and the Credit Right System

信用是现代市场经济的基石,市场经济就是信用经济的理念获得广泛认同。当前我国社会的信用危机已成为制约我国市场经济深入发展的重要因素。信用权是一种独立的人格权,通过民法典构建完整的信用权制度,有助于完善社会信用体系并促进我国市场经济的健康发展。我国应在未来民法典上确立信用权的独立人格权地位并给予直接保护,不断完善信用权制度。

Credit is the footstone of modern market economy. The idea that market economy is credit economy has been accepted widely. The credit crisis in our society at present has become an important reason that restricts the further development of China's market economy. Credit right is an independent right of personality. To build credit right in Civil Code can help to perfect the social credit system, and accelerate the healthy development of China's market economy. This article first discussed the conception, character and content of credit right, furthermore analyzed the condition of tort imposed on credit right. The article suggested making credit right to be a new right of personality in future Civil Code and protect it directly. Finally the author praised the Civil Code Draft for its institutional contribution that provided credit right, pointed out its disadvantages and put forward some advice to perfect the credit right.