Research On The Dispute Of The Crime Of Damage To Commercial Reputation And Commodity Reputation

With the maturity of the commercial society,goodwill is becoming more and more importance to merchant.Though We-Media App and platform,everyone can speak for themselves at anytime and anywhere,but it brings a frenzy of online rumors.Using the internet has become the primary means to damage goodwill.However,the study of this crime in the academia is still stopped on the analysis of the constitutive elements;the application of the provisions of this crime in the practical often turns into hot social topic,so we know that there are many disputes about the determination of this crime.This paper starts from the position of substantive interpretation,based on practical cases,to discuss four prominent disputes which include the behavior of damaging goodwill criminal,the evaluation of the damaging result,the subject of this crime,and the object of damaging goodwill.According to the social reality,advancing opinion and verifying it,then,attempts to update the explanation of this crime.The introduction expounds the research’s background,researching actuality,and defines the related concepts of the right of goodwill.The text is divided into four chapters:Chapter one reviews four typical cases of this crime,and summarizes the controversial focus from the standpoint of prosecution,the defender and the judge.Chapter two analyzes the practice of crime of damaging commercial credit and commodity reputation.The value derogation does not belong to the "fabricated behavior" of this crime.We should make a case-oriented distinction between facts and opinions on the premise of respecting freedom of speech and public supervision.In principle,spreading to a selected few should not be regarded as the "spreading" act of this crime.The simple action of spreading also should be considered as this crime.The fact that authenticity is unknown should be deemed as false in law when it lacks of reasonable support.The false information of an individual should be identified,and the "false facts" of this crime should be judged by whether it is the official behavior related to the operation of an enterprise.Chapter three puts forward an understanding of the "severity" about the damaging of commercial reputation and commodity reputation.The "heavy loss" of this crime refers to the direct economic loss including tangible and intangible loss,and the amount shall be more than RMB500,000 according to the "standard for prosecution two".Indirect economic loss can be used as the reference of sentencing to realize the adaptation of crime and punishment."Using the Internet or other media" to damage the goodwill should not be considered as a serious consequences directly,it ought to be considered through the property loss and dissemination of the increase in the degree of lawlessness.Chapter four discusses that,in order to avoid law vulnerability,the subject of this crime ought to be the general subject from reality to the deserved.The object "others" of this crime shall be specific and specific,and a kind of commodity or an industry shall not be the object.