1. What are the elements of defaming business reputation
1. Crime The subject is a general subject.
2. The objects of infringement are market transaction order and goodwill rights.
3. The objective aspect is to fabricate and spread false facts, damage others' business reputation and product reputation, cause heavy losses to others, or have other serious circumstances. Behavior.
4. In the subjective aspect, it appears intentional.
5. Legal basis: "Criminal Law of the People's Republic of China"
220 One crime of damaging business reputation and product reputation
fabricating and spreading false facts, damaging others' business reputation and product reputation, causing heavy losses to others or causing other serious consequences If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined.
2. The boundaries between the crime of slandering business reputation and the crime of defamation
1. When determining the crime of damaging business reputation and product reputation, the line between the crime of defamation and the crime of defamation should be clearly drawn. Article 246 of this Law stipulates that the crime of defamation refers to the serious act of fabricating and spreading certain facts to damage the personality of others and destroy the reputation of others. The two crimes are very similar in subjective, objective and subjective aspects.
2. The difference between the two is mainly reflected in the different objects of infringement: the former infringes on the business reputation and product reputation of the competitor through "slander"; And then disrupt the market economic order; the latter infringes on the personality of citizens through slander. In real life, if the offender’s defamatory behavior targets the person in charge of the enterprise or the operator himself,If the crime is against a person, the characteristics of the behavior and the subjective characteristics of the infringement should be specifically analyzed to determine the crime.
3. If the infringer fabricates and spreads false facts for the purpose of squeezing out competition, but at the same time points at the commercial credit subject and its person in charge, it shall be deemed For this crime. If the infringement is intended to vent personal dissatisfaction and deliberately disparage the person in charge of the enterprise, it should be deemed as defamation.
4. If a behavior demeans both the enterprise and the individual, it should be handled according to the principle of imaginary competition and cooperation. If several acts violate the crime of defamation and damage the business reputation and product reputation of several objects, they should be punished for both crimes.
The editor's answer to this question is as follows. Our country's law stipulates that the crime of defaming business reputation is the act of fabricating and spreading false facts to damage the business reputation of others. , infringing upon the legitimate rights and interests of rights holders and market order of commercial reputation and product reputation. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or consult a professional lawyer on the Legal Savior website.
