论消费信用权
发布时间：2019-06-06 00:32
【摘要】：信用渗透到现代市场经济的各个方面,已经成为现代市场经济不可或缺的组成部分。正确理解信用的含义,不论在理论上还是在实践中都有重要的意义。对信用及消费信用权的理解,目前学界观点不一。笔者从区分商业信用与消费信用的角度出发,在消费信用领域中探讨信用权的含义,认为信用是民事主体具有的偿还债务能力在社会上获得的信赖和评价,兼具人格性和财产性;认为消费信用权的含义是消费者在消费信用领域中以自身具有的偿还债务能力在社会上获得的信赖和评价而产生的权利。其含义具体包括两方面:第一,消费者对有关自身信用信息的支配权;第二,消费者在具有相当的信用程度时有获得授信的权利。目前我国信用经济迅速发展,而规制信用的法律规则明显滞后,因此有必要在立足国情、合理借鉴国外立法的基础上构建相关制度,实现对消费者的全面保护,为市场经济的发展创造一个良好的法律环境。
[Abstract]:Credit permeates all aspects of modern market economy and has become an indispensable part of modern market economy. A correct understanding of the meaning of credit is of great significance both in theory and in practice. At present, the academic circles have different views on the understanding of credit and consumer credit rights. From the point of view of distinguishing commercial credit from consumer credit, the author probes into the meaning of credit right in the field of consumer credit, and holds that credit is the trust and evaluation of the debt repayment ability of civil subjects in the society. It has both personality and property. It is believed that the meaning of consumer credit right is the right of consumers in the field of consumer credit because of the trust and evaluation of their own debt repayment ability in the society. Its meaning includes two aspects: first, consumers have the right to control their own credit information; second, consumers have the right to receive credit when they have a considerable degree of credit. At present, the credit economy of our country is developing rapidly, and the legal rules of regulating credit lag behind obviously. Therefore, it is necessary to construct the relevant system on the basis of national conditions and reasonable reference to foreign legislation, so as to realize the comprehensive protection of consumers. Create a good legal environment for the development of market economy.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D913
[Abstract]:Credit permeates all aspects of modern market economy and has become an indispensable part of modern market economy. A correct understanding of the meaning of credit is of great significance both in theory and in practice. At present, the academic circles have different views on the understanding of credit and consumer credit rights. From the point of view of distinguishing commercial credit from consumer credit, the author probes into the meaning of credit right in the field of consumer credit, and holds that credit is the trust and evaluation of the debt repayment ability of civil subjects in the society. It has both personality and property. It is believed that the meaning of consumer credit right is the right of consumers in the field of consumer credit because of the trust and evaluation of their own debt repayment ability in the society. Its meaning includes two aspects: first, consumers have the right to control their own credit information; second, consumers have the right to receive credit when they have a considerable degree of credit. At present, the credit economy of our country is developing rapidly, and the legal rules of regulating credit lag behind obviously. Therefore, it is necessary to construct the relevant system on the basis of national conditions and reasonable reference to foreign legislation, so as to realize the comprehensive protection of consumers. Create a good legal environment for the development of market economy.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D913
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