信用法律制度的若干前提性判断

法律上的“信用”是对社会信用体系这一社会现实的理论回应。信用在其法律意义上系由客观性的履约能力的评价以及主观性的履约品质的评价这两大要素构成，信用权兼具财产权和人格权属性，在定性和法律关系调整上更接近于财产权的性质，其与人格利益关联的部分则可由名誉权规范加以调整。对失信行为的救济和惩罚则分散地体现在民商法的各项具体制度当中。

Analysis on Some Basic Concepts of Credit Legal System

Credit system in law is an academic reflection to social reality of social credit system. Credit in legal meaning is composed by the value of objective ability and subjective quality to performing thecontract. The right of credit contains the attributes both of property law and personality law. The attribute of the property law in credit right is more obvious in attribute cognition and adjusting of legal connection. The part of credit right which is related to personality benefit is adjusted by the rule of reputation right. Remedy and punishment of action on losing credit are manifested in every material systems in civil and commercial law.