论信用危机的法律对策
发布时间：2018-10-26 08:24
【摘要】：现代市场经济是一种以信用交易为主的信用经济,信用是市场经济的基础和灵魂。当前在呼吁诚信、打造诚信社会的进程中,信用问题得到了普遍的关注。 信用一词内涵丰富,有道德、伦理、经济、法律多个层面的含义。正确界定其概念对充分发挥其在市场经济中的基础性作用具有重要的现实意义。 以信用缺失为主要表征的社会信用危机不但增加了市场交易的成本,而且弱化了自由、公平、合理、诚信的市场经济理念。基于法制是信用的保障,信用危机不仅仅是一个道德问题,也是一个深层次的法律问题。解决我国目前市场经济中信用危机问题,要在建立符合社会主义市场经济的道德规范并坚持不懈地进行道德教化的同时,通过加大法制建设力度,强化信用监控机制建设,从根源上铲除制约信用建设的法律障碍,构建信用保障体系。这是解决信用危机的治本之策。 本文正是基于此而产生。全文在阐明信用内涵的基础上,分析了我国信用危机的表现及原因,对制约社会信用体系建设的深层次矛盾进行了探讨。在此基础上,围绕构建信用法律制度提出了设想。 全文共分为六部分。 第一章 信用概述。主要阐述信用的基本含义、特征、性质、类型等。 信用是自然人、法人及其他组织所具有的履约能力和履约意愿所获得的信赖程度的社会评价。信用为一般民事主体所享有,源于主体的偿债能力,表现为对民事主体经济信赖的社会评价,其具有道德、经济、法律、价值判断功能。人格性、财产性和信息性是信用的三个法律属性。按照经济学理论,信用有个人信用、商业信用和国家信用之分。信用对市场经济的意义亦即信用在市场经济中的定位和经济价值,主要是通过对市场主体和市场交易的作用体现出来。信用是民商法基本原则——诚信原则在经济活动中的基本要求。 第二章 我国信用危机的表现。围绕与市场交易最密切相关的信用形式,本章概括了信用危机的主要表现及其危害。 第三章 我国信用危机的原因分析。造成信用缺失的原因,有社会转型期体制上的矛盾,政策配套和程序协同运作方面存在的问题,传统的、社会的、技术的各种因素也
[Abstract]:Modern market economy is a credit economy based on credit transaction. Credit is the foundation and soul of market economy. At present, in the process of calling for honesty and building honest society, credit problem has been paid more and more attention. The word "credit" is rich in connotation and has the meanings of morality, ethics, economy and law. Correctly defining its concept has important practical significance for giving full play to its basic role in market economy. The social credit crisis, characterized by lack of credit, not only increases the cost of market transaction, but also weakens the market economy concept of freedom, fairness, reasonableness and honesty. Based on the legal system, the credit crisis is not only a moral issue, but also a deep legal issue. To solve the problem of credit crisis in the current market economy of our country, we should, while establishing moral norms in line with the socialist market economy and persistently carrying out moral education, strengthen the construction of credit monitoring mechanism by strengthening the construction of the legal system. Root out the legal obstacles that restrict the credit construction and construct the credit guarantee system. This is the solution to the credit crisis. This paper is based on this. On the basis of clarifying the connotation of credit, this paper analyzes the performance and causes of credit crisis in China, and probes into the deep-seated contradictions that restrict the construction of social credit system. On this basis, the construction of credit legal system is proposed. The full text is divided into six parts. The first chapter is an overview of credit. This paper mainly expounds the basic meaning, characteristics, nature and types of credit. Credit is a social evaluation of the degree of trust acquired by natural persons, legal persons and other organizations in terms of their ability to perform and their willingness to perform. Credit is enjoyed by the general civil subject and originates from the subject's ability to repay debt. It is expressed as the social evaluation of the civil subject's economic trust, which has the functions of moral, economic, legal and value judgment. Personality, property and information are the three legal attributes of credit. According to economic theory, credit has personal credit, commercial credit and national credit. The significance of credit to market economy, that is, the orientation and economic value of credit in market economy, is mainly reflected by the function of market subject and market transaction. Credit is the basic principle of civil and commercial law-the basic requirement of the principle of good faith in economic activities. The second chapter is the performance of China's credit crisis. Focusing on the credit forms most closely related to market transactions, this chapter summarizes the main manifestations of credit crisis and its harm. The third chapter analyzes the causes of China's credit crisis. The reasons for the lack of credit include institutional contradictions in the social transition period, problems in the coordinated operation of policies and procedures, traditional, social and technological factors.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D913
本文编号：2295140
[Abstract]:Modern market economy is a credit economy based on credit transaction. Credit is the foundation and soul of market economy. At present, in the process of calling for honesty and building honest society, credit problem has been paid more and more attention. The word "credit" is rich in connotation and has the meanings of morality, ethics, economy and law. Correctly defining its concept has important practical significance for giving full play to its basic role in market economy. The social credit crisis, characterized by lack of credit, not only increases the cost of market transaction, but also weakens the market economy concept of freedom, fairness, reasonableness and honesty. Based on the legal system, the credit crisis is not only a moral issue, but also a deep legal issue. To solve the problem of credit crisis in the current market economy of our country, we should, while establishing moral norms in line with the socialist market economy and persistently carrying out moral education, strengthen the construction of credit monitoring mechanism by strengthening the construction of the legal system. Root out the legal obstacles that restrict the credit construction and construct the credit guarantee system. This is the solution to the credit crisis. This paper is based on this. On the basis of clarifying the connotation of credit, this paper analyzes the performance and causes of credit crisis in China, and probes into the deep-seated contradictions that restrict the construction of social credit system. On this basis, the construction of credit legal system is proposed. The full text is divided into six parts. The first chapter is an overview of credit. This paper mainly expounds the basic meaning, characteristics, nature and types of credit. Credit is a social evaluation of the degree of trust acquired by natural persons, legal persons and other organizations in terms of their ability to perform and their willingness to perform. Credit is enjoyed by the general civil subject and originates from the subject's ability to repay debt. It is expressed as the social evaluation of the civil subject's economic trust, which has the functions of moral, economic, legal and value judgment. Personality, property and information are the three legal attributes of credit. According to economic theory, credit has personal credit, commercial credit and national credit. The significance of credit to market economy, that is, the orientation and economic value of credit in market economy, is mainly reflected by the function of market subject and market transaction. Credit is the basic principle of civil and commercial law-the basic requirement of the principle of good faith in economic activities. The second chapter is the performance of China's credit crisis. Focusing on the credit forms most closely related to market transactions, this chapter summarizes the main manifestations of credit crisis and its harm. The third chapter analyzes the causes of China's credit crisis. The reasons for the lack of credit include institutional contradictions in the social transition period, problems in the coordinated operation of policies and procedures, traditional, social and technological factors.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D913
【引证文献】
相关硕士学位论文 前1条
1 黄吉安;政府采购供应商信用建设法律问题研究[D];福建师范大学;2012年
，本文编号：2295140
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