商誉及其侵权损失赔偿的理论和实践

Theory and Practice of the compensation for Commercial Reputation Infringement

以北京市高院首例商誉侵权纠纷案件为基础，从理论和司法实践两方面就商誉的法律概念和特征、商誉侵权的构成要件、归责原则和商誉侵权民事责任的确定进行了探讨。

：On the basis of the trial of the first case about commercial reputation infringement and from two aspects of theory and judicial practice, the article discusses in detail the concept of commercial reputation, elements of constitution and its liability principles of infringement, as well as its recovery by legal remedies.