Damage To Business Reputation, Product Reputation Crimes Of The Study

The commercial reputation is an enthusiastic appraisal to the business operator's ability and commercial quality from the angle of market economy, and it is business operator's immaterial wealth. Infringing other business operator's commercial reputation will cause them economic loss. It is an illegitimated competing behavior which will destroy market's competition order and it will cause commit crime if it causes heavy losses or serious circumstance. Therefore, infringing the commercial reputation is decided as, by our country's new criminal law a crime of disordering the marketorder to harness. As our country's market economy is unceasing developing, the crime of infringing another's commercial reputation becomes in the judicial practice one kind of common punishment, and it also arouses academic circle's more and more interest. This article, by using the criminal law theory, combined with some relative crimes, conducts a preliminary study to some basic problems on the crime of infringing another's commercial reputation.At first, this article emphatically explains what is commercial reputation, elaborates the commercial reputation's concept characteristic and the difference between the commercial reputation and the natural person's reputation, and analyzes the economic value of the commercial reputation. Right because of the huge economic value contained in the commercial reputation, we must punish the abuse of authority. Secondly, this article respectively elaborates the general behavior manifestation of violating the commercial reputation and the objective behavior way of harming the commercial reputation. The writer also, by analyzing the difference as well as mutually relation between these two aspects, enables people to know clearly the difference between illegal activity and crime. Thirdly, the writer emphatically elaborates how to recognize "the heavy loss" and "other serious circumstance" as well as the relation and difference between the crime of infringing another's commercial reputation and such similarcharge as the crime of slandering, the crime of infriging business secrets, the crime of false advertizing , the crime of producing, selling spurious products and so on. This provides the criminal law rationale for the accurate recognization of this crime's scope in practice. Finally, the wirter has emphatically analyzes each kind of crime form of this crime as well as the question of accomplice, and explains the crime number problem when several illegal activities competes by analyzing the more complex abuse of authority and criminality which newly appears , in order to make the difficult and complex cases clear in the practice and accurately recognizes this crime's essence.This article, through the research to these several aspects above, elaborates in detail the crime of infringing another's commercial reputation's important characteristics as a new market economy crime. This enables people to accurately recognize this crime's manifestation and difference in the economical contact process, and also provides the certain theory reference for the judicial practice simultaneously.