Wei Ze Xi Case Legal Analysis

At present,the search engine has become an essential part of daily life,Baidu search as a Chinese search giant has been praised and pursued for the halo of national enterprises.Since2001,Baidu PPC as a commercial promotion model get a lot of profits,but this business model has caused controversy.Cases involved Baidu promotion are always happening.Especially in 2016,Baidu had been in a media storm for the "Wei Ze xi event".Due to the uncertainty of the nature of Baidu,the legal profession had a violent discussion on pattern of the Baidu PPC.At issue is whether Baidu promotion is advertising services or information retrieval services.What and how should the Baidu responsibility in application the "advertising law" or "tort liability law" if Baidu promotion is illegal advertising.The bone of contention is whether the advertising services or information retrieval services is the abuse of market dominance.In order to deal with these problems reasonable and lawful,this paper,through the legal analysis of Wei Ze xi's case,combines the current legal provisions and the legal profession to define the nature of Baidu promotion.By in-depth analysis,clearly define the nature of search engine promotion.And through research responsibility of the illegal behavior for the Baidu PPC rules suspected of abuse of market dominance in China made some suggestions and countermeasures to improve the corresponding laws and regulations.In this paper,based on a real case,study several related issues in the legal analysis.This article contains four parts:The first part is a general introduction,the specific background of the case,the meaning of the topic,research methods,research content and innovation.This paper start with Wei Ze xi case,Using comparative analysis,literature research and case study,makes a legal analysis on the related problems for the case and puts forward suggestions to meet the needs of judicial practice better.The second part,review the Wei Ze xi case,briefly introduced three focus of the problem caused by the case.In April 2016 Wei Ze xi died,because of the synovial sarcoma.The disease had a low cure rate,high mortality.In time of sickness,Wei Ze xi through Baidu search synovial sarcoma and found the Beijing Armed Police Corps second Hospital hasbetter treatments,and its ranking is high,then went to the hospital.However,after spent more than 20 million,the Condition of disease has not improved,and then loss both the beauty and his possessions.Finally he found that the treatment method is a outdated technology in the United States in 2000.The revelations have sparked debate and stirred the attention of the relevant departments.Although the State Network Office,the Trade and Industry Bureau,the State Health Commission and the relevant departments of Beijing had to set up a joint investigation team hold an inquiry into Baidu and asked Baidu to rectify these issues.Nevertheless,there are no laws or regulations concerning how did they do.Take the case into account that whether Baidu promotion is advertising,whether Baidu should be responsibility for the illegal acts,whether the Baidu PPC abuse of market dominance.For these problems the legal definition is very fuzzy.It is necessary to in-depth analysis of these problems.and contents of the study clearly.The third part,makes legal analysis of the behavior of Baidu to promote.Sketch the concept and characteristics of Baidu promotion.By contrasting,consider whether the Baidu promotion is information retrieval services or advertise and put forward own point.In the analysis of this case Baidu should bear the responsibility for illegal advertise,from the "Advertising Law" and "tort law" to analyze its responsibility to bear the way,and then define the case of Baidu promote illegal acts should bear which responsibility.Finally,from the definition of Baidu related market and the exemption of "justification" of abuse of market dominance,the author analyzes whether Baidu PPC rules belong to the misuse of market dominance.In the fourth part,the author elaborates the countermeasure by researching the related problems caused by the case,and give the following suggestions: clarifies the commercial nature of the search engine promotion,determines the nature of the advertisement,improve the legal mechanism of the search engine to promote the illegal act.Use the "tort liability law" to improve the "safe haven rules";Introduce the engine evaluation ranking monopoly behavior into the monopoly law of the regulatory system improve the competitive bidding system of legal norms.Continue perfection of the litigation mechanism to solve this kind of problem;And the industry self-discipline,Search engine rigorous review standards,it iscritical for industry.Perfect the self-discipline mechanism of market.So as to improve the relevant laws and regulations,promote the healthy and development of the Internet market orderly.