Study On Crime Of Damaging Commodity Reputation In The Laegal Application

With the continyous development of we media era,all kinds of news media are constantly appearing,under the background of the era,everyone is from the media,people can freely through the network to publish to the enterprise product quality,the evaluation of the service,but this freedom is not absolute,if across the border,damage the enterprise goodwill,enterprises will certainly to seek relief.Hongmao Medicinal Wine case fermented in 2018 is a typical case.The question of whether the case is reasonable and whether Tan Qidong constitutes the crime of damaging commodity reputation once caused hot public discussion.A series of deep legal issues behind it,such as the accurate application of the crime of damaging commodity reputation,also caused controversy among scholars at the theoretical and practical levels.This thesis through the literature research,case study and logic analysis,combined with the typical judicial case,such as Hongmao liquor,combining theory with practice,to damage the crime of commodity reputation,the application of difficulties in practice,at the same time,comprehensive case focus,combined with the judicial practice dilemma put forward perfect Suggestions,in order to better promote social equity and justice.This article first expounds the background and the research significance of the topic,citing the Hongmao Medicinal Wine case,which has caused the hot discussion,and grasping the legal issues hidden behind the case dispute,that is,the application of damaging the reputation of the goods.Reviewing the research status of damaging commodity reputation at home and abroad,Summarize the views of various scholars;next,Introduce the case of Hongmao medicinal wine in detail,Combined with the focus of the case,That is,the analysis of the crime of damaging commodity reputation,In the section of the criteria for the conviction of damaging commodity reputation,The main subject of the crime should not be limited to the competitors,The subjective aspect shall be intentional(including direct and indirect intentional),The act of "fabricating and spreading false facts" should be a plural act,The identification of "false facts" should combine the "nature of facts" with "the evaluation of the subject of goodwill right","Heavy losses or other serious circumstances" and other aspects of analysis and demonstration;moreover,Combining theory with practice,Find the problems and difficulties existing in the application of damaging commodity reputation in practice;Finally,combined with the application dilemma of judicial practice,Put forward suggestions on the legislation and judicial improvement of the relevant legal system,That is,to expand the legislation of commercial slander and infringement subjects,clarify the boundary of the crime of online speech,and limit the standards for the crime of damaging the bottom of commodity reputation,In order to provide experience for the handling of such cases in the background of the we-media era,To further promote the development of social equity and justice maximization.and justice.