The Study On Legal Prevention And Control Mechanism In Credit Risk Of Rural Commercial Banks

Under the background of digital economy,the Internet data industry has been unprecedented development.Internet operators have turned to data,and data as a magic weapon to occupy the market.At the same time,there are more and more serious problems in the process of snatching Internet data.A large number of unfair competition behaviors are typical,especially the phenomenon of unfair competition in data utilization.Due to the lack of theoretical research on unfair competition in data utilization,there is a lack of strong support in the regulation mechanism of unfair competition.This paper starts with two typical cases in judicial practice,combines the existing theoretical research results,analyzes the court’s regulation thoughts on this issue,tries to build the corresponding legal regulation mode,and puts forward specific applicable rules.This study aims to greater play to the role of the general terms and conditions to the competition law regulation mode,more effective regulation of ACTS of unfair competition,and utilization of data better restore Internet operators the concept of fair competition,and further build the standard and orderly market competition order,and to promote the prosperity of socialist market economy.Internet data has been developed unprecedentedly and its status has been significantly improved.Internet operators are turning to data as a magic weapon to capture the market.At the same time,there are more and more serious problems in the process of snatching Internet data.A large number of unfair competition behaviors are typical,especially the phenomenon of unfair competition in data utilization.As for the unfair competition in the use of data,there are few theoretical studies at present,which lack strong support in the regulation mechanism of unfair competition.This paper starts with two typical cases in judicial practice,combines the existing theoretical research results,analyzes the court’s regulation thoughts on this issue,tries to build the corresponding legal regulation mode,and puts forward specific applicable rules.Aimed at to a greater degree of play to the role of the general terms and conditions to the competition law regulation mode,more effective regulation of ACTS of unfair competition and utilization of data,better to restore the Internet operators the concept of fair competition,further build norms and orderly market competition order,and to promote the prosperity of socialist market economy.Based on the legal issues related to unfair competition in data utilization,this paper starts from the specific cases in real life and analyzes them from the following aspects: Firstly,the introduction of typical cases and the analysis of focus issues.Data using the purpose of this article in ACTS of unfair competition in the background,on the basis of the "sina weibo v affectionately case","public comments on v baidu" as import case,through combing the court judge process,point out the rules of court,and the data using the case of unfair competition carries on the summary and the induction,the issues involved,such as the cognizance of the competitive relationship decision problem,data ownership problem,the legitimacy of competitive behavior judgment,etc.,attempt from the perspective of judicial judgment,analysis of data using the necessity of the regulation for the ACTS of unfair competition.Secondly,the judgment of competition behavior in unfair competition case.This part mainly elaborates the necessity from the theoretical and practical aspects of the judgment of competitive relations,and analyzes the scope of subjects involved in competitive relations and the damage consequences caused by improper competitive behaviors in the judgment of competitive relations.At the same time,this paper introduces the judgment of foreign competition relations and analyzes the referential points.Thirdly,the ownership of data in unfair competition cases is determined.This part introduces the basic theory of data ownership,analyzes the different patterns in the identification of data ownership,and discusses the selection of the pattern of data ownership identification in judicial practice,so as to put forward some Suggestions for reference in the identification of data ownership.Finally,the judgment of unfair competition behavior in data utilization.This part summarizes the behavior mode of unfair competition from the judicial cases,and puts forward the judgment criteria for the specific behavior mode of unfair competition.