Research On The Standards For The Determination Of The Right Of Reputation And Goodwill Of Enterprise Legal Persons

The relationship between goodwill and reputation has always been discussed in the theoretical world.At present,the legislation on the reputation of corporate legal persons is mainly reflected in Article 1024 of the Civil Code."Article 11,but the provisions of the legislation have been difficult to meet the needs of practice.By summarizing and analyzing the existing judgment documents,the following situations were found: although the law has not yet defined the right type of goodwill,there are cases of infringement of goodwill in practice;there are cases of mixed use of goodwill and reputation in judicial practice,manifested as The substantive dispute is the right of goodwill,but it is handled by the right of reputation,and the reputation of the goodwill applies to the same case without distinction and the jurisdiction of the goodwill is determined according to the provisions of the right of reputation;the infringement of corporate goodwill mainly focuses on commercial slander and intellectual property infringement,Corporate reputation infringements mainly focus on misconduct,dissemination of false information,and publication of defamatory speech;the establishment of corporate reputation infringement only needs to be misleading,but constitutes an infringement of corporate reputation,and the conduct needs to reach a derogatory degree;Liability for apology is generally applicable to disputes of corporate legal person's reputation rights,and part of liability for apology for corporate legal person's right of honour is applicable.Some courts believe that commercial defamation of goodwill does not apply to liability for apology for apology;Infringement cases of infringement cases are easier to obtain compensation for economic losses.The above analysis shows that the right of goodwill of corporate legal persons is not equal to the right of reputation of corporate legal persons.It is necessary to formulate an independent system of protection of goodwill of corporate legal persons to protect goodwill,clarify the right type of goodwill of corporate legal persons,and solve the only provisions for the protection of goodwill of corporate legal persons The problem of insufficient protection,to avoid judicial chaos of mixed rights;to expand the infringing body of the right of goodwill from only the operator to the general body;to expand the infringement of goodwill from defamation to misleading,illegal comparison,dilution,etc.;increase Remedies for infringement of goodwill;increase the burden of proof for operators in infringement of goodwill.