信用制度的民事法律保障机制研究

信用主体基于信用享有权利,但守信也是其基本义务,因而信用是权利与义务的结合。由于信用为广义上的商誉所包含,其权利内容难以把握,故信用权不是一项独立的民事权利,基于信用所产生的权利可纳入商誉权的保护范围。我国民法典应规定商誉权,对信用权宜采用间接保护方式。对欺诈、恶意的不履行合同行为,应适用惩罚性赔偿责任,以惩戒失信行为。信用被侵害常使受害人遭受间接损失,应由侵权人予以赔偿,以充分保护信用主体的利益。

A Research on the Civil Safeguard Mechanism of Credit System

The principal of credit has an obligation of keeping good faith as well as a right on credit. So credit is a combination of right and obligation. Since credit can be comprised by commercial reputation in a broad sense and it is hard to grasp the contents of credit, the credit fight is not an independent civil right and the rights derived from credit can be comprised within the scope of protection of commercial reputation right. The civil code of our country should stipulate the commercial reputation right and protect the credit right indirectly. The punitive liability of compensation should be applied to chastise the unfaithful behavior such as not performing the contract dutifully, The infringement upon credit often costs indirect losses of the victims and the tortious person should make due compensations so as to protect the interest of the principal of credit .