Study On Criminal Law Protection Of Commercial Reputation And Commodity Reputation

Business reputation and commodity reputation play an important role in the market competition of enterprises.From the Paper Stuffing Buns Case” to the“Shuangling Air-conditioning Case” to the “Hongmao Medicinal Liquor Case”,cases that damage the business reputation and the reputation of the goods are frequently seen in the newspapers.For the judgments of these cases,both the theoretical and judicial practice circles have different voices.This exposes the lack of research on the criminal reputation of commercial reputation and commodity reputation.In recent years,with the popularity of the Internet,online shopping has become a new type of shopping.In practice,there have been cases in which operators use the Internet to use a technique known as brushing.This new behavior would damage the reputation of goods and business reputation.Whether it should be regulated by criminal law,which law should be applied,whether there is a space for the use of commercial defamation.These issues have caused extensive discussion in the academic.Based on the theory and practice,this paper sorts out the criminal law protection concept of China's commercial reputation and commodity reputation,and tries to propose solutions by analyzing the specific dilemmas faced in practice.The article consists of three parts:The first chapter introduces the status of criminal law legislation and criminal law protection of business reputation and commodity reputation.At present,thecriminal law protection is not systematic.Criminal law protection must rely on other legal interest.Based on the legal interests of protection,the performance of crimes and the way of protection,the criminal law provisions of commercial reputation and commodity reputation are divided into dedicated crimes and undedicated crimes.The dedicated crimes refer to the act of damaging the commercial reputation and commodity reputation directly constitutes the crime,and aim of regulation mainly is the commercial reputation and the commodity reputation.The law provides direct protection for the business reputation and the commodity reputation.Undedicated crime which means generally criminal acts are not aiming to damage the business reputation and commodity reputation.The legal interest are not commercial reputation and commodity reputation.However,in special circumstances,if the perpetrator commits crimes that damage business reputation and commodity reputation,he may also be committed to undedicated crimes,such as the crime of counterfeiting registered trademarks and the crime of illegal business.From the perspective of the nature of rights and international protection,business reputation and commodity reputation are intellectual property rights with significant private rights.However,the classification of criminal law's shows that the criminal law protection of China's commercial reputation and commodity reputation is based on order,the fair competition order is the main legal interest and the commercial reputation commodity reputation right is the secondary legal interest.Through analysis and comparison of legislative choices and judicial practice,we can conclude that the protection of business reputation and commodity reputation is strong.The second chapter is based on the specific cases in judicial practice,and analyzes the dilemma of commercial reputation and criminal protection of commodity reputation.First,analyze the reasons for the damage to the business reputation,the reputation of the goods and the unclear boundaries.There are two reasons for the unclear boundary between legal acts and criminal law: on the one hand,local protectionism,on the other hand,because the means and channels of rights protection,exposure,and appeals do not comply with the law.The reason for the unclear boundary between the general illegal act and the criminal law is that theunderstanding of the criminal law is not in place.Second,analyze the criteria for the crime of commercial reputation and commodity reputation.This section is based on the judgment documents,and it is carried out from the constituent elements to analyze the controversy of the conviction standard for the crime of damage to commercial reputation and commodity reputation.This paper believes that the crime of damaging commercial reputation and commodity reputation is not the purpose of the crime and the actor does not realize that the result will inevitably occur,so indirect deliberately can constitute this crime;according to the interpretation of the text,the false facts include the fact that there is nothing but the true and the false,which is misleading.The expressions and improper statements are also false facts;major losses only include direct losses,indirect losses can only be considered as a plot in sentencing,and should not be considered as factors in conviction;according to the principle of criminal law protection of order-based Explain that “others” include not only specific individuals or business entities,but also a specific industry.Finally,this chapter analyzes the controversy over the application of non-exclusive crimes in the administration of justice.In recent years,judicial cases have revealed legislative gaps that do not use language or words to damage business reputation and commodity reputation behavior,whether the proliferation of goodwill is a false fact,the crime of extortion,false advertising,and the crime of counterfeiting registered trademarks.The boundaries between damage to business reputation and commodity reputation are unknown.The third chapter puts forward some suggestions on the criminal law protection of China's commercial reputation and commodity reputation.The first thing is to clarify the boundaries between sin and non-sin.The key to the legal behavior and the criminal law's harmful behavior is whether the fabricated and distributed is a false fact.The boundary between the general illegal behavior and the criminal law harmful behavior should focus on distinguishing the subject,subjective aspect and legal consequences.Second,in order to cope with the ever-changing social life,it is necessary to reinterpret the criminal law to adapt it to social changes.The article believes that derogatory behavior should be included in the objective aspect of thecrime of damaging commercial reputation and commodity reputation.False facts include the fact that the commercial reputation or the reputation of the commodity is improperly increased.Finally,the key to resolving the judicial application of non-exclusive crimes is to clarify the relationship between special and non-exclusive crimes.The crime of extortion and the crime of damaging commercial reputation,the reputation of goods and the crime of false advertising and the crime of damaging commercial reputation and commodity reputation are imaginary competing relationships.The crime of impersonating another person's trademark registration is related to the crime of damaging commercial reputation and commodity reputation.