Research On Criminal Law Regulation Of Goodwill Infringement Speech

Goodwill,as a kind of comprehensive evaluation of the commercial subject and its business activities,has a significant impact on the commercial interests of the commercial subject,and has an important nature of economic interests.The right of goodwill developed from it is also an important component of the rights of the commercial subject.Goodwill,as a kind of evaluation based on the concept of the public,is vulnerable to be seriously hit by the illegal infringement speech of the lawbreakers,and causes great economic losses to the business subjects.With the advent of the Internet era,the convenience,low access threshold and strong concealment of the network make the harm caused by the goodwill infringement speech further expand and the subsequent accountability more difficult.Therefore,it is imperative to regulate the goodwill infringement speech by criminal law.However,due to the immature market economy and legislation system in China,the right of goodwill as a right has not been confirmed by law,and the legal protection of goodwill has always been in an awkward situation.In the field of civil and commercial affairs,the protection of goodwill depends on reputation litigation and Anti Unfair Competition Law.In the field of criminal law,although there are special provisions for the damage of goodwill,but the regulation of goodwill infringement speech is very limited.Due to the lack of legislation,there are two extreme tendencies in the judicial practice,that is,the regulation of infringing speech is not in place and the application of criminal law is expanded or even exceeded.At the same time,the contradiction between the right of freedom of speech granted by the Constitution and the right of goodwill protection by criminal law further affects how to regulate the goodwill infringement speech by criminal law.The article is mainly divided into the following four chapters,clear and improve the criminal law on goodwill infringement speech reasonable regulation.The first chapter mainly introduces and clarifies the concept of goodwill infringement by clarifying what is goodwill and the right of goodwill.At the same time,it makes a specific analysis of the types and characteristics of goodwill infringement speech,and distinguishes goodwill infringement speech,freedom of speech,reputation infringement speech and other similar concepts,and summarizes goodwill infringement speech.The second chapter mainly discusses whether the goodwill infringement speech should be included in the criminal law regulation,mainly around two levels.The first level demonstrates the necessity of the goodwill infringement speech into the punishment from three aspects: the arrival of the Internet era,the needs of market economy construction and social harmfulness;the second level demonstrates the feasibility of the goodwill infringement speech into the punishment from two aspects of modesty and freedom of speech ?The third chapter mainly discusses the current situation of the criminal law regulation of goodwill infringement speech in the current legal system of our country.First,from the perspective of legislative norms,it analyzes the possible crimes involved in goodwill infringement speech,including the crimes of damaging commercial reputation,commodity reputation,false advertising and relevant judicial interpretations,and analyzes the shortcomings of the current legislation,such as narrow scope and vague standards.Secondly,it analyzes the current situation of the criminal judicial identification of the goodwill infringement speech,and through the analysis of specific cases,it concludes that there are some problems in the judicial identification of the goodwill infringement speech in China,such as too broad identification of the object,too vague identification of the result,too loose constitution of the crime and so on.The fourth chapter is mainly about the improvement of the criminal law regulation of goodwill infringement speech,including the principle of interest measurement,proportion,classified governance,etc.in order to protect goodwill and ensure the balance between freedom of speech,as well as the basic principles of criminal law and the strict application of criminal charges in specific judicial measures.