Research On The Crime Of Damaging Business Reputation And Commodity Reputation

While the market economy is booming,varieties of unfair competition are emerging one by one.As a result,the crime of damaging commercial reputation and commodity reputation has frequently appeared in the public recent years.A lot of criminal law scholars have put forward their own views on disputed cases,indicating that there are still differences on the judicial definition and also significance of research.The author selects the “Hongmao Jiuji Case” and “Chen Yongzhou Case”,which have been noticed widely,as the research object.The body of this article consists of four parts:The first part introduces the case of two typical cases of “Huangmao Jiuji Case” and “Chen Yongzhou Case”.In the second part,according to the disputes between the two cases,the following disputes are summarized:1.How to define the “false facts” in the legal provisions?2.How to define “fabrication and dissemination” in the legal provisions?3.How to define the “significant loss” of the subject of goodwill?In the third part,the author analyses how to define the “false facts”,“fabricate and distribute” and “significant loss” through combining the semantic exploration of the legislative provisions and how to define in the judicial practice.Finally,there comes following conclusions:1.Value-critical words and “false facts” cannot be confused.2.If the perpetrator spreads the false facts that are known to be fabricated by others,it may also be considered as the crime.3.“Significant losses” shall mean only direct economic losses,except indirect economic losses.The fourth part summarizes the research conclusions of the three dispute points.