Net Credit Rating ACTS Of Unfair Competition Legal Regulation

In December 2016,the short financial network will finance 360 to court,which opened the net loan rating of the first case of prologue.Although the short financial network eventually lost,but the case for the future network credit rating unfair competition cases will have a huge impact.The trial of the 360 cases of the financial lawsuit against short financial networks lasted more than one and a half years,and the absence of laws,regulations and government supervision was hidden behind the trial cases over an extended period of time.The net loan rating of unfair competition is mainly due to the continuous development of the P2P platform,but due to the lack of legal regulation,to net loan rating unfair competition disputes often fall into dilemma,therefore needs a net credit rating regulation of unfair competition law.In this paper,the first case of net loan rating as a starting point,the theoretical explanation of the origins and types on the net credit ratings of unfair competition,facing the system defects of China's net loan rating in the regulation of unfair competition behavior,to explore the regulation of China's net loan rating unfair competition for the suggestions to solve the current according to the domestic net loan rating unfair competition legislative blank dilemma.The article is divided into four parts.The first part:the analysis of the case.In the net loan rating of "the first case of short financial network into 360 cases as the breakthrough point v.analysis of the case generated through the final verdict,and through a number of experts and the public comments to further analyze the influence of the case.The second part:the elaboration of the theory.The first net loan rating unfair competition behavior in the source and flow are introduced,which is mainly due to the rapid development of P2P in China;and then further analysis of the three kinds of relationship between net loan rating and competition,summed up the definition of net loan rating acts of unfair competition;finally,through the analysis of net loan rating acts of unfair competition type standard,the net loan rating of unfair competition behavior is divided into specific types and non unique two types,the unique type of net loan rating unfair competition are:unfair competition acts of abusing rating standards,unfair competition acts of abuse of market dominant position to the malicious rating results,non the special type of net loan rating unfair competition were:net loan rating down,net loan rating of commercial bribery and the net credit ratings for further damage to the interests of investors.Provide reliable basis for differentiating other acts of unfair competition.Thie third part:analysis of defects.The first case of net loan rating analysis of the institutional defects of China embodied in the regulation of net loan rating of the acts of unfair competition,the limitations and the legal regulation of the legislative idea and the shortage of administrative and judicial relief of the dilemma,to further reflect China needs a net credit rating of the anti unfair competition law,not unfair competition behavior occurs frequently in response to the net loan rating process.The fourth part is the adjustment of the system.In the previous arrangement and on the basis of the analysis from the legislative,judicial and law enforcement in three aspects,further improve the regulatory net loan rating unfair competition proposal,namely to further improve China's "Anti Unfair Competition Law in legislation,to speed up the net loan rating anti unfair competition legislation and strengthening the legal liability of net loan rating acts of unfair competition;the reversal of the burden of proof rules in judicial practice,the establishment of anti unfair competition net loan rating system of public interest litigation and increase legal compensation;establish a system of law enforcement element independence in law enforcement and civil relief,administrative relief by law enforcement mode.Thus further improve the net loan rating"three noes" status quo,that is,no barriers to entry,no industry standards,no institutional supervision.