| Other Abstract | With the rapid development of information technology, the news media industry has also ushered in a new era. Broadcast media, television media, network media and other forms of modern media came into being, which greatly promoted the civilization of China's socialist construction. However, the competition between the news media is more intense, the individual media for their own interests, and the processing of false news and thus the crime of damaging the commercial reputation of the crime has occurred. In practice, the media damage the credibility of the business case for the treatment is controversial, some similar behavior, and some were, in criminal law, but some only constitute a tort, and the particularity of media, this kind of crime and attracted the attention of scholars. Therefore, to improve the relevant provisions of the crime of damaging the commercial reputation is very important.
Combined with the year 2013 received widespread media attention, "the case of Chen Yongzhou” damage to business reputation, based on the typical case, has conducted the research to the news media to damage the business reputation of crime difficult and controversial issues. The full text is divided into three parts: first of all, the author simply introduces the case of “Chen Yongzhou” , for both the prosecution and the defense point of view, the focus of controversy in this case are summarized, mainly related to the behavior of cognizance, subjective analysis, unit crime debate. Then according to the provisions to damage the business reputation of a crime in criminal law, as well as the theory point of view, from the legislative and judicial point of view on these points are analyzed, obtains the news media to spread behavior can constitute the crime of damaging business credit, the subjective aspect of the crime include indirect intentional conclusion, judge the Chen Yongzhou in this case acts constitute damage the business reputation of a crime. Finally, according to the characteristics of the commercial credit crime of the news media damage, this analysis of the judicial practice of the crime of commercial credit, the difficulty of the crime cases, put forward their own proposals.
I hope that through this study, to improve the relevant provisions of the future benefit. |
