Research On Damage Compensation Of Internet Business Defamation

In the new era of development,the number of online business defamation cases has increased year by year,its destructiveness is difficult to predict,and damage is even more difficult to measure.Therefore,its damage compensation research has important practical significance.Select and analyze the relevant judicial judgments of China's referee documents from January 2008 to December 2018.Through empirical analysis,learn from relevant foreign legal systems,study the subject of online business smashing damages,the burden of proof of the infringed person,and the smashing of online business.There are four aspects to the specific application of the relevant laws and regulations for damages and the reasons for the different judicial decisions.According to the judgment basis and compensation method of online commercial defamation,the court found that the act was determined to be commercial infringement or infringement of reputation.The amount of compensation was determined by actual loss,defendant profit,reasonable expenses,and statutory compensation.At present,China's "Anti-Unfair Competition Law" restricts the main body of commercial defamation to a competitive operator.However,the subject of online commercial defamation cases is more extensive,and the regulation of other entities' implementation of online commercial defamation is reflected in the relevant laws and regulations.In the article.It is suggested to clarify the scope of the main body of responsibility for online business smashing.According to the ability of different infringing entities to control the content of information and the degree of fault,we adopt different standards of responsibility identification.The plaintiff has to prove the actual loss or the defendant's profit.However,due to the particularity of the online commercial smashing,the burden of proof is difficult or the court is difficult to accept the letter.The plaintiff's burden of proof is too high.It is recommended that the court properly reduce the plaintiff's burden of proof.Analysis of the 2017 "Anti-Unfair Competition Law" before and after the implementation of the judgment basis,the statutory compensation accounted for more than 80% of the number of relevant cases,and the current effective judicial interpretation also provides statutory compensation,it isrecommended to continue to apply statutory compensation As one of the compensation methods.In view of the inadequacy of the court's application of discretionary factors,it is recommended to clarify the specific considerations of statutory compensation and to explain as much as possible the causal relationship and degree of impact of the amount of compensation.