Behavior refers to the behavior carried out by the legal representative on behalf of the legal person. Only in this way can the defamation of natural persons be transformed into the defamation of commercial subjects. Therefore, the slander of the legal representative of a legal person must be directed at the identity of the legal representative of a legal person. Otherwise, even if it constitutes a libel, it is not a libel against the commercial subject, but a libel against a natural person, that is, a libel against the legal representative himself.
Second, from the specific content of infringement.
The false words that infringe on the legal representative involve the commercial subject it represents, and attack the behavior of the commercial subject represented by the legal representative. For example, distorting the behavior of the commercial subject represented by the legal representative, slandering the behavior of the legal representative on behalf of the commercial subject, damaging the reputation of the commercial subject represented by the legal representative by fabricating facts, or directly slandering the legal representative himself are all slanders to the commercial subject.
Third, from the perspective of the consequences of infringement.
The damage result is the damage to the reputation and goodwill of the commercial subject represented by the legal representative. In China, both natural persons and legal persons enjoy the right of reputation respectively, and their right of reputation is protected by law. Although the consequences of infringing on the right of reputation are all damage to the victim's right of reputation, the damage to the right of reputation of natural persons is different from that of legal persons including commercial subjects. The reputation right of commercial subjects mainly protects goodwill and reputation, and the reputation right of natural persons protects an objective and comprehensive evaluation. If the infringement is aimed at the representative status of the legal representative, it should be the commercial subject it represents, not the person himself, which constitutes slander on the commercial subject, that is, commercial slander. Otherwise, it is personal slander.
Fourth, other aspects.
Whether defamation of the legal representative of a commercial subject constitutes tort liability should follow the general elements of tort liability, especially libel tort liability, namely:
(1) There must be false words that damage the reputation, goodwill and credibility of others;
(two) there must be a third person other than the party who makes false statements;
(3) The person who commits the crime of libel is at least subjectively at fault, of course, it is generally a deliberate subjective state. The crime of libel against the legal representative of the commercial subject has these three elements, followed by the first three elements. This kind of slander is a commercial slander against commercial subjects. As the commercial subject and its representative, the victim has the right to bear the tort liability of commercial libel.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.
Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.
Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.