Criminal Liability of Business Defamation – Focus on Judicial Practice and Legally Protected Interests

• Main Authors: Song, Yi-Hsuan, 宋易軒
• Other Authors: Hsu, Heng Da
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/uyyafg

碩士 === 國立政治大學 === 法律科際整合研究所 === 106 === Numerous cases of business defamation including administrative acts and criminal judgment have trailed since the Fair Trade Act passed in the Legislative Yuan, 1991. However, business defamation holds a light position in Fair Trade Act and has no significant case involved, therefore causing lack of practical opinions. Moreover, the Fair Trade Commission as the competent authority of business defamation has acute discrepancies upon the element of crime between different level of courts; the concurrent relationship between criminal defamation and business defamation also causes divergent opinions. According to the research of this paper, the fundamental reason of the discrepancies is the ambiguous positioning of the legal interest: practical opinions often consider that the legal interest of the criminal liability of business defamation includes both social and personal legal interest yet give no further explanations. This paper firstly organizes the administrative acts and court judgments of business defamation and clarifies the controversies of the element of crimes, then concludes that the legal interest of business defamation should be categorized as the legal interest of the property. Based on the founding, this paper concludes that business defamation mainly protects the legal interest of the private property, a conclusion that matches the current practical interpretation of the element of crimes.