Research On Difficult Problems In Judicial Recognition Of Crime Of Damaging Commercial Reputation And Commodity Reputation

Commercial reputation and commodity reputation are the positive evaluation of the ability and quality of producers and operators from the perspective of market economy,and are intangible wealth owned by producers and operators.The act of damaging others' commercial reputation and commodity reputation will inevitably lead to certain economic losses.It is an unfair competition act that damages the market competition order.It will constitute the crime of damaging commercial reputation and commodity reputation if it causes significant losses or serious circumstances.With the rapid development of domestic market economy,in the specific judicial practice,the crime of damaging commercial reputation and commodity reputation has gradually increased,and has been increasingly concerned by the academic community.This paper uses criminal law theory and combines with relevant cases to discuss in depth the difficult problems in the judicial determination of the crime of damaging commercial reputation and commodity reputation.This paper explains the relationship between "fabrication and dissemination" and pure dissemination,the determination of "others" in the crime of damaging commercial reputation,the determination of "significant loss" in the crime of damaging commercial reputation,the determination of the intentional form of the crime,so as to clarify the distinction between the crime and non-crime in the judicial application,and at the same time to provide some constructive suggestions for judicial practice.Opinion.