Some Knotty Issues About Crime Of Damaging Commodity Reputation And The Judicial Detemination

With civil legal system, rights awareness become hot and abuse of rights means damage to the product reputation of blackmail enterprise phenomenon Lu occur.Individual enterprise users and consumers guise of the name taken rumors, slander and adverse means unfair competition or use advanced media means of communication to spread false facts, victims enterprises to cause significant economic losses and adverse effects, it also undermines the normal and orderly market behavior system. However, the damage to the product reputation of the 1997 amendments to the crime of "Criminal Law" to increase the new charges, in judicial practice is not typical case, But with the market economy and economic structural reform, damage the product reputation of goods is also changing development, caused a lot of the investigation of the case can not be effectively, even if the case decision also triggered criticism and discussion, to society to adverse demonstration effect. Therefore, this article from the perspective of practice, the specific combination of actual cases damage the reputation of goods from damage to the reputation of a subjective element of crime, the judgment of damage, damage that results and the circumstances of the crime as well as the number and crime and non-crime areas on the controversial question of in-depth study and discussion to identify damage to the reputation of the general common with a view to practical law-enforcement and judicial work to provide a legal basis for the theory and practice guiding significance.