Paid Search Results For Advertising Attributes And Legal Regulation

Paid search as a technology based on Internet search engine technology derived from a service to facilitate the public access to information from Internet users also brought a series of problems.All kinds of false information hidden in the search results in the confusion of Internet users,while the search results and the lack of attention to its attention,review obligations,resulting in frequent violations of the interests of the subject,triggering a series of legal issues.In addition to the lack of corresponding self-discipline and supervision,it is the legal attribute of paid search results.Therefore,this paper starts with the legal attribute of the search result,and demonstrates that it has the nature of advertising,(Hereinafter referred to as the "Advertising Law")regulation,and then through the regulation of advertising laws and regulations to solve the reality of a series of problems.After the basic introduction of the search results,the author combs the theory and judicial practice on whether the search results are advertising related to the controversy and different cases.On the basis of summarizing the existing viewpoints,the author demonstrates the advertising nature of the paid search from three perspectives,namely,the profitability of the paid search results and the directness of the marketing function and the directivity of the specific goods and services.Outside the country or region on the qualitative experience of paid search,and ultimately come to the search is the idea of advertising,should be subject to "advertising law" regulation.The Interim Measures on Internet Advertising(hereinafter referred to as the "Interim Measures")issued by the State Administration for Industry and Commerce on July 4,2016 also clearly stipulates that Internet advertising includes paid search results.Therefore,China has become the world's first express Paid search results are qualitative for the country of the ad.Since it is clear that the nature of paid advertising,of course,should be applied to "advertising law" to regulate it.Therefore,the author in the next discussion of the paid search results in the reality of the existing problems were sorted out,and the use of "problem-problem-solving" approach to how to regulate paid search results made a series of recommendations.Paid search results of the existing more urgent problems are mainly three: First,the nature of advertising logo ambiguous;Second,both advertising operators and publishers of the identity of the search engine service providers review obligations are not clear;Third,the relevant departments to pay the search results The intensity of supervision is not enough to make the cost of illegal search for illegal insurance.In order to better regulate the paid search results,the author puts forward a series of suggestions according to the above problems.For the nature of advertising logo,China's "Advertising Law" and "Interim Measures" are clearly put forward advertising should have advertising logo,but for the specific search results should be how to identify,how to be easily confused with the public's natural search results Is the author that urgent need to solve the problem.To this end,the author summarizes the experience of the outside world on the basis of our actual situation given some suggestions,hoping to help pay the search results advertising logo can be more clearly identified.The search engine to review the obligations of the author,I think that can be divided into two parts,that is,the content of the page attention and key words and other related documents to take the initiative to review obligations.On the basis of jurisprudence,case analysis and extraterritorial reference,the author makes a more detailed interpretation of the duty of duty and the obligation of active review.It not only finds the corresponding basis in jurisprudence,but also makes the legitimacy argument and the reasonable degree of obligation of different degree to explore.Finally,for the difficult search of paid search,I believe that should start from two levels,one is to strengthen effective supervision;the second is to increase the punishment.The administrative departments of industry and commerce at all levels are the main body of the supervision of advertisements.However,it is not enough to supervise the technical and administrative departments of advertisements which are often mixed with natural search results.Therefore,the author proposes to combine various departments such as Internet Information Office Collaborative supervision,the establishment of a unified Internet advertising monitoring center.At the same time the data show that the reality of paid search and other Internet advertising is one of the reasons for the surge in illegal costs is low,leading to search engines and some companies rather desperate.Therefore,I suggest that for paid search and other Internet advertising violations,should increase the punishment,to avoid similar "Weizhe West" incident tragedy again.