Research On The Law Of Enterprise Credit Supervision In China Under The Background Of Big Data

In marxist credit theory,we can see that credit is the product of commodity economy development to a certain stage,is the inevitable result of history,it plays an important role in commodity economy in a specific way.Enterprise credit is the important foundation of market economy and the important component and core of social credit system.With the development of information technology and the popularization of big data,China has begun to innovate a new model of corporate credit supervision--big data corporate credit supervision.In 2015,China successively issued the strategic guidance document for the development of big data industry,the action plan for promoting the development of big data and the opinions of the general office of the state council on the use of big data to strengthen the service and supervision of market players.It can be seen that China attaches great importance to the development of big data in the top-level design.Under the background of big data,corporate credit supervision includes the collection,publicity,rating evaluation and joint punishment of corporate credit information.Using big data to strengthen enterprise credit supervision is a significant measure for the industrial and commercial system to implement the decisions and deployment of the state council to strengthen enterprise credit supervision and service,which is of great significance.However,the application of big data in credit supervision of enterprises in China is still in its infancy,and theoretical research is still insufficient.Therefore,under the dual impetus of policy promotion and the background of The Times,the author studied the legal issues related to enterprise credit supervision in the context of big data.This paper is divided into five chapters:Chapter One: Introduction.The background,significance,research framework and ideas of corporate credit supervision in China under the background of big data are comprehensively explained.Put forward: China's traditional enterprise credit supervision model has been unable to meet the current world economic development,coupled with the promotion of nationalpolicies,the need to use the power of big data to change the current situation of weak enterprise credit supervision,so the new big data supervision model came into being.Through the relevant research on enterprise credit supervision under the background of big data,the author concludes that the application of big data technology has profound theoretical and practical significance for enterprise credit supervision.Chapter Two: The basic theory of enterprise credit supervision.This chapter firstly defines and compares the controversial concepts of credit,credit investigation,credit,supervision,credit supervision and enterprise credit supervision.Secondly,the theoretical basis of enterprise credit supervision is discussed from the marxist,legal and sociological fields.Finally,it discusses the necessity of big data for the credit supervision of Chinese enterprises from three aspects: the meaning of big data,the influence of big data on the credit supervision of enterprises,and the necessity of the credit supervision of enterprises under the background of big data.As a powerful means of enterprise credit supervision,big data is embodied in three aspects: solving the difficulty of enterprise credit information collection,solving enterprise "information asymmetry" and improving the scientificity and accuracy of enterprise credit supervision.Chapter Three: Introduction to the status quo of enterprise credit supervision under the background of big data overseas.This paper sorts out and analyzes the status quo of corporate credit supervision in the context of big data from the United States,the European Union and Japan.This paper sums up the enterprise supervision mode and the development status of big data in various regions,and finds out what is worth learning and absorbing,which provides some help for the construction of a new set of enterprise credit supervision mode under the background of big data in China.Chapter Four: Inspection of China's enterprise credit supervision under the background of big data.This chapter is one of the key chapters of this paper.This chapter firstly analyzes the development of credit supervision in China from the perspective of credit starting from scratch and the change of credit supervision means.Secondly,it analyzes the current situation and problems of enterprise credit supervision in the context of big data in China from four aspects,namely,legislation,supervision subject,supervision means and operation mechanism.Among them,in terms of the current operation mechanism,it summarizes the problems existing indata collection,data publicity,data rating and joint punishment in China's enterprise credit supervision under the background of big data.Finally,through the author's research and foreign experience,targeted analysis of the reasons,including: lack of legal guidance;Lack of professional talents,so that the enterprise credit supervision professional is not strong;It is difficult to carry out the new supervision mode because the traditional supervision idea is deeply rooted in our country.China is a human society,and the atmosphere of keeping promises is poor.Chapter Five: Countermeasures and Suggestions for enterprise credit supervision under the background of big data.This chapter through the comparison of the fourth chapter of the status quo and the causes of the proposed countermeasures.First,to provide institutional support and environmental protection for enterprise credit supervision in the context of big data--to strengthen the construction of laws and regulations and social credit system,and to provide a strong guarantee for enterprise credit supervision from the top-level legislative design and the level of social credit basic environment;Secondly,from the perspective of theoretical countermeasures,dialectical materialism requires us to adhere to the dialectical unity of theory and practice.Therefore,based on relevant theoretical principles,the author provides theoretical guidance for better credit supervision of enterprises under the background of big data from the perspectives of interest balance and law-based administration.Finally,corresponding to the four links in the process of big data supervision and operation mechanism of enterprise credit in chapter four,countermeasures and Suggestions are put forward respectively to improve the operation mechanism of enterprise credit supervision under the background of big data--data collection standardization.Publicize credit information timely and truthfully,and strengthen information sharing among departments;Comprehensive grading evaluation standards;Standardizing the consequences of joint punishment,multi-subject joint punishment.