On The Definition Of The Duty Of Care For Internet Search Engine Service Providers’Bidding

With the innovation of network technology, the network business model brings economic benefits under the premise of e-commerce has entered a high-speed development and the popularization period. Network market appeared the bilateral benefit, location services for information search engine rankings, its commercialization increasingly highlight, facilitation, technical characteristics, yet it involves the concealment of the infringement, multiple equally evident, some businessmen motivated by self-interest maximization, by means of unfair competition, using factors involving the infringement of search keywords, domain names and other information to promote to market your products or services, and then to other enterprises, well-known trademarks, well-known firms, etc. By comparing "jingdong rubber v jingdong mall, baidu","shisanba v yimeier, baidu" case, etc, as a service platform, search engine service providers such as did not fulfill the duty necessary attention, will assume tort liability. The tort liability law article36is the network service providers tort liability form made principle provision, but the network service provider to fulfill its obligations, what to take necessary measures, which can avoid tort imputation? The law is not clear.In view of this, this article through to the keyword search rankings of case analysis, emphasis on search engine service providers define a duty of care, at the same time to this kind of tort liability and liability cognizance are analyzed, in order to offer beneficial reference to solve the problem of practice similar. This article main research content for the search engine service providers tort liability imputation and necessary to define a duty of care. At the same time, this paper carries on the segmentation to the duty of care standard, through the introduction of "rational people","good people" to explain the theory, based on the principle of good faith, the search engine service providers should be based on the understanding and judgment of the public rationality of people based on the fact of infringement, found should be promptly stop the infringement; through the introduction of the "Red Flag Standard" and "notice-remove" theory, to explain the fact of infringement has been like a flag waving like plain, the search engine service providers if this completely indifferent, then its subjective aspect identified as "know", the objective is not to act or not appropriate as can be identified as the breach of duty of care, thus let the search engine business bear the legal liability should be, as well as the search engine services received damaged customers notice of infringement, should according to respond quickly, to remove the infringing information, otherwise its main objective has accountability. This paper introduce the theory to explain the rationality and necessity of the duty of care, in order to search engine service providers for their duty of care to achieve pre sentence, so as to better achieve self-discipline, establish a mature and orderly network order.