How to deal with business defamation and actors to bear those legal responsibilities? 1 Comment / Default / By huanggs
1 thought on “How to deal with business defamation and actors to bear those legal responsibilities?”
First, how to deal with business defamation and actors to bear those legal responsibilities? Regarding the fact that the actor fabricated and spread the fictional facts, and degraded the personality and reputation of the victims, the company could directly raise a criminal prosecution to the court and demand criminal responsibility for the perpetrator. 1. Civil liability for business slander behavior in my country The "Anti -Law" does not make special provisions on the legal responsibility of commercial slander behavior. According to Article 20 of the Anti -Law, the operator of the "Anti -Law" violates the provisions of this Law and gives the violation of the operations that have been violated. If the damage causes damage, it shall bear the liability for damage compensation. If the losses of the infringed operator are difficult to calculate, the compensation amount is the profit obtained by the infringer during the infringement; The reasonable expenses paid by the unfair competition behavior of infringing their legitimate rights and interests. If the legitimate rights and interests of the infringed operators are damaged by improper competition, they may file a lawsuit with the people's court. In addition, it can be required to compensate in accordance with Article 101, Article 120, and Article 20 of Article 101 of the Civil Law. 2. If the criminal liability of business slander, if it damages the business reputation and product reputation of others, it can cause major losses to others or have other serious circumstances. The following criminal liability should be assumed: 1) For natural persons, they will be sentenced to less than 2 years in prison or detention, and punishment or single fines. 2) If the unit crime shall be fined the unit, and the direct responsible person in charge and other directly responsible persons shall be punished according to law. Second, the constituent elements of commercial slander behavior (1) The subject of the behavior must be one of the important conditions for the operator's actor as an operator. That is, only the actions that are engaged in commodity operations or profit -seeking services, other economic organizations and individuals to damage competitors' goodwill in the good competition constituted such improper competition behaviors. The insults, slander, and vilified behaviors performed by non -operators are general infringement theory. This element reflects that modern countries mainly protect the power of goodwill from the perspective of competition law. The Paris Convention and the "Draft Anti -Improved Competition Protection Demonstration Law" formulated by the World Intellectual Property Organization all regards goodwill violations as improper competition. The British and American law countries provide relief methods for the right to compete with goodwill and other special lawsuits. The main body points to the operator. The mainland law countries are the main applications of competition law to protect the power of goodwill, so there must be a competitive relationship between the invaders and the victim. In our country, the Supreme People's Court made judicial interpretations in 1998 in accordance with the provisions of the General Principles of the Civil Law and the Anti -Unfair Competition Law. From the aspect of the main requirements, the difference between the business slander and the general infringement behavior, and specifically pointed out that the news unit Or consumers who have criticized and criticized the product quality or service quality of the operator, or even take the opportunity to slander, slander, and damage the operator, they should be identified as an act of infringing the right to reputation. It can be seen that there is no competitive relationship between news units, consumers and the rights of goodwill, and does not be competitors, so it cannot be used as the main body of business slander. In addition, it is worth noting that although in most cases, the operator is to implement the business slander of competitors by themselves, but sometimes the operator may not implement such behaviors by themselves, but use others to implement it. Others may be both other interbank operators or social organizations or individuals that are non -industry operators or non -operators. For example, institutions such as accounting, auditing, quality inspection, and their staff, government agencies and their staff, and personal consumer individuals. If these organizations or individuals and operators have a common conspiracy to implement commercial slander behaviors, that is, there is a subjective common intention, they should assume legal responsibilities with the operator. (2) The subjective aspect of its behavior is to deliberately, not an accidental actor to implement commercial slander behavior. It is based on the purpose of weakening the market competitiveness of competitors and seeking its own market competitive advantage. , Perform malicious slander and degradation of competitors' business reputation and commodity reputation. Therefore, intentional behavior constitutes this improper competitive behavior. From the perspective of faults, the perpetrator knows that his actions will cause the results of the goodwill (cognitive factor) that will damage the goodwill of others, but hope or let go of this kind of goodwill to damage the result (will). Subjective intentions are obvious and determined. Of course, operators may also cause damage to the business reputation or product reputation of competitors due to negligence, and they must bear the corresponding damage compensation liability. However, this behavior does not constitute a business slander. The condition of infringement of good good rights. (3) The objective aspects of their behavior are manifested in fabrication, dispersing false facts, or incorrect statements of real events, slandering and degrading the goodwill of competitors, causing it or may cause certain damage consequences. Based on the generalization of the World Intellectual Property Organization's generalization of anti -unfair competition demonstration law, the behavior of infringement of goodwill is divided into two types: one is to adopt false statements, that is, fabricating or distributed the goodwill on others, and its business reputation, and its business reputation, and its business reputation, and its business reputation, its business reputation, and its business reputation, and its business reputation, its business reputation, and its business reputation, and its business reputation, and its business reputation, Things that are inconsistent with the real situation of the product's reputation, including the fabrication of nothing, and the malicious distortion of the real situation. The other is an improperly statement, that is, unjust, inaccurate, and inconsistently stating objective facts, and intended to degrade and slander the goodwill of competitors. Based on the above, business slander pays special attention to the company. As long as there are bad rumors, it will bring great damage to the company, and it will also make the company unable to stand in this place. The law will give a very heavy penalty for people who create rumors, and in severe cases, they must be sentenced. Therefore, for the perpetrators, they cannot do anything that violates the facts of the North, or they will be punished by law.