| The engine for internet search has been used more and more, and based on thisthe PPC started soon. As the carrier of information transmission engine for internetsearch should provide information services, meet the public ’s right to know from ajustice, fair guidelines. The reasonable regulation for PPC is not limits, fromlong-term look, in order to make the interests of all parties effectively protected andthe industry of searching engine orderly develope only a reasonable regulation isneeded. The full text is divided into four parts:The first part is the definition and legal attributes of PPC for web search. Thissection starts from the Model for PPC, distinguish the PPC and fixed position, PPCand natural rank, and then combined with the elements of commercial advertisement,analysis the legal attribute of PPC.We think PPC is a searching engine, it has all theelements of commercial advertisement, its essence is a kind of advertising behaviorbased on the searching results, it is a kind of network advertisement.Though it is thethe product of technology innovation and management innovation, but the innovationand the development should not be separated from the legal supervision.The second part is the problems from PPC. This part is mainly interpretate aseries of problems from PPC: the malicious click, false advertising in PPC, theforestall behavior in PPC, the damage to website, the damage to consumer interests.The third part is the legal dilemma of legal regulation on PPC. The part analysisthe legal dilemma of legal regulation on PPC mainly reflected in the apply of"Advertisement Law","Protecting Regulation for Dissemination Right of InformationNetwork","Tort Liability Law", incorporate is in: in the "Advertisement Law" itmainly have the problem of advertising qualifications, the registration, responsibilityoverweight, the special provisions on issues such as medical advertisement. Inthe"Protecting Regulation for Dissemination Right of Information Network" is mainlythe liability of provisions. For prevention, such as the review of obligations and dutyhave no clear legal basis. In the "Tort Liability Law" is mainly similar to thirty-sixthpoint to point: it is hard to define the search engine company’s liability. The fourth part is the legal regulation measures to PPC. This part is based on theactual situation of our country, there are four suggestions:Firstly, formulate the “Network Advertisement Law”. In the process ofperfecting the “Network Advertisement Law” we must clear the legislative thinking.The Network Advertisement Law cannot be separated from the basic principles ofadvertising legislation, in adhering to the principle of fairness, the true, legitimateprinciple, the legislative ideas of the “Network Advertisement Law” as follows:regulating the main body and conduct of network advertisement, from the basicguidelines of network advertisement, define the main event of network operators andother advertising, focused on the investigate duty for departments of advertisingadministrative, defines the legal responsibility in network advertising. In view of thepresent legal dilemma of application and the current legal relationship content ofnetwork advertisement, the “Network Advertisement Law” should focus on thefollowing provisions: stipulate advertising attribute of PPC, set conditions of PPC, inorder to prevent click fraud improve the technical level.Secondly, the revision of existing law, perfect the legal mechanism. It includesthe "Trademark Law", perfect the "Anti-Unfair Competition Law", perfect the lawsuitmechanism to prevent network monopoly.Thirdly, relying on the "Tort Liability Law", improve the rule of "safe harbor".The rule of "safe harbor" reflects the rights. Specific to the network advertising, thenetwork service is neutral. We Should build up the rule of "safe harbor" according to"Tort Liability Law".Fourthly, the interactive mechanism between supervision and self-discipline. Thebidding law regulation and supervision is a key ring, the specific content can be donefrom a regulatory platform construction, bidding irregularities in the early warningmechanism, supervision means, supervision strength, objects of supervision and so on.To form the interactive mechanism between supervision and self-discipline theself-discipline include internet service providers, legitimacy review and the overcomeof trust deficit. On the basis of the government’s supervision and the the interactivemechanism between supervision and the self-discipline discipline of network services, it is easy to form the effective supervision, network advertisement legal relationshipbetween the main interests which is also easy to form a balanced. |
PDF Full Text Request