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International Journal of Frontiers in Sociology, 2023, 5(14); doi: 10.25236/IJFS.2023.051416.

Comparison of the application of credit right between administrative litigation and civil litigation

Author(s)

Zuo Qi

Corresponding Author:
Zuo Qi
Affiliation(s)

School of Law, Guilin University of Electronic Technology, Guilin, China

Abstract

In recent years, with the continuous development of China's social credit system, the national unified financial information basic database led by the People's Bank of China has been increasingly developed and improved. The rapid development of the credit reporting industry has led to an increase in the number of personal credit reporting cases year by year. However, in the case that citizens are included in the list of people who have been executed for breaking their promises, the phenomenon that civil cases and administrative trials are judged differently in the same case originated. The different status and degree of protection of the same legal interest in civil and administrative fields reflect that the legal status of credit right as a new right in different departmental laws is debatable. In the process of handling practical cases, the credit right is protected by the judge as an independent right and an independent cause of action in civil litigation and judged according to law. On the other hand, administrative litigation, under the specific circumstances of the government information disclosure regulations, has failed to properly handle the illegal administrative acts that may infringe on the credit legal interests of the administrative counterpart and reduce its social reputation evaluation. Based on this dispute, this paper will explain its handling method and the legal theory behind it.

Keywords

credit right; Administrative behavior; right

Cite This Paper

Zuo Qi. Comparison of the application of credit right between administrative litigation and civil litigation. International Journal of Frontiers in Sociology (2023), Vol. 5, Issue 14: 96-100. https://doi.org/10.25236/IJFS.2023.051416.

References

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