Research On Crimes Of Damage To Commercial Reputation And Commodity Reputation

Business reputation and commodity reputation are the intangible value of the production and operation of the company for a long time.Therefore,how much damage to the goodwill of the producers and operators can be caused by the derogation of goodwill.The serious damage or consequence of this crime is a qualitative expression to evaluate the effectiveness of the defamation of the reputation.The harmful behavior should only be convicted when the result is reached;therefore,the effective judgment and behavior of the dissemination of false facts The punishment of a person shall not be subjectively guessed,but should be based on objective facts such as the manner of conduct,causality,etc.So how do we blame and punish the perpetrator? We can see from the legislative and judicial practice that this crime is a comprehensive and normative comprehensive problem.In this paper,the causal link is the main line,and it is possible to make a guest appearance of the administrative violations,torts and criminal acts of the harmful behavior.Considering that such damages constitute a crime and meet the requirements of the required elements,then use causal links.It is more convenient to elaborate.First,the behavior and loss are limited to the direct causal link.When it is impossible to rule out the reasonable doubt that other factors cause the loss of the main body of production and operation,the perpetrators who fabricated the false facts may not be convicted of conviction;the second is the direct causal link.It is necessary to take into account the victims of this criminal act,and must bear the “self-rescue obligation” for the losses suffered.Third,the “self-rescue obligation” is not only necessary but also possible,that is,there must be a process for the loss caused by such acts.And the amount of loss also has a gradual accumulation trend,so the injured person is completely self-rescue,and the part of the expanded loss caused by the failure to take self-help behavior should not be borne by the actor.In this case,the result of the harm or the plot cannot be caused.To meet the standards for filing a lawsuit,or to impose a lighter criminal responsibility on the perpetrator.Finally,according to the actual analysis of the dissemination behavior in this paper,the civil,administrative or criminal responsibility of the perpetrators who fabricated the false facts is determined,and in order to better safeguard the legitimate interests of the infringed production and management entities,the market stability and fairness aremaintained.In the legislation,this article advocates the improvement of relevant legislation in legislation,so that there are laws to follow,and on the criteria for filing a case,it is recommended to strictly regulate the relevant standards for prosecution,adhere to the principle of modesty of criminal law,and conduct scientific research on freedom of speech and criminalization.Identify.This article is based on the improvement of legislation and the regulation of justice.It is hoped that this will enable more reasonable and standardized regulation and punishment of the act of fabricating and disseminating false facts to damage the goodwill of others.In particular,in criminal matters,it should regulate the conviction and punishment in judicial practice.To be punished as a crime,to be guilty,and to maintain the modesty of criminal law,Prevent the crime from being over-applied in judicial practice,and at the same time prevent the crime from being used as a shield for the illegality of the commercial subject.