Reflections On The Crime Of Damaging The Reputation Of Commodities

Based on the summary of some cases of the crime of damage to the reputation of goods,combined with the existing views of scholars at home and abroad,this paper focuses on the related difficult problems of the crime of damage to the reputation of goods,such as the constitutive requirements of the crime,the relevant issues in the application of penalty discretion.Specifically speaking,in terms of the identification of the constitutive requirements of the crime of damaging the reputation of commodities,the object of the crime is the order of socialist market economy and the right of goodwill of others.The term "others" refers to specific natural or legal persons.After analyzing the objective factors one by one,the author thinks that fabricating and spreading must coexist at the same time;the false facts should be understood as the facts that cause others to misunderstand and and an improper statement;this crime belongs to the typical consequential crime with behavior crime,the heavy losses should only include the direct economic losses caused by the crime,and other serious circumstances should be strictly based on the judicial application of this crime To be identified.At the same time,the author holds that attention should be paid to the boundary of freedom of speech and the tolerance obligation of enterprises.The subject of crime should be general subject,including individuals and units with commercial competition relationship,and should be operators.This crime does not belong to the purpose crime.It is impossible to judge whether the subjective aspect is hope or laissez faire from the will factor.Therefore,in some cases,it should include indirect intention.The purpose and motive of the crime do not affect the determination of this crime.In terms of the relevant problems in the application of penalty discretion of this crime,the general discretion rules and existing problems of the main penalty and fine penalty of the crime of damage to commodity reputation in China are obtained through empirical analysis,and practical solutions are discussed.