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Research On The Legal Regulation Of Bidding Ranking

Posted on:2019-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:T LiaoFull Text:PDF
GTID:2416330548966953Subject:Law
Abstract/Summary:PDF Full Text Request
As a derivative of Internet development,competitive bidding is becoming more and more popular on the Internet,and gradually becomes the main source of profit for search engine service providers.With the increase of network coverage in our country,the people are more dependent on the question of answering questions in the daily life.The search engine service provider is familiar with the psychology of the consumer.The Internet ads are all pervasive.In order to pursue profits,the merchants actively participate in the competition ranking,so that they can better promote their products or suits.Wu.Despite the "Wei Zexi incident" in 2016,the national Internet Information Office announced the relevant regulations and determined the commercial advertising attributes of the bidding ranking,but in practice,there are still some problems in the legal regulation of the bidding ranking,and the relevant legal systems need to be perfected.This article is divided into three parts:The first part is the legal analysis of the bidding rankings.This part mainly analyzes the ranking of competitive price from four aspects:the concept of bidding ranking,the distinction between the bidding ranking and other ranking,the legal nature of the bidding ranking,and the illegal form of the bidding ranking.The analysis compares bidding rankings with natural ranking and fixed rankings,expounds the reasons for bidding ranking in commercial advertisements,and analyzes four illegal forms of competitive bidding:illegal advertising,trademark infringement,clicking fraud and malicious shielding.The second part is the current situation and problems of the legal regulation of competitive bidding.This part mainly introduces the legal regulation status of advertising illegal behavior,trademark infringement and other unfair competition behavior,and analyzes the existing problems in China's bidding ranking from three aspects of legislation,supervision and judicature.The legislation is mainly manifested in the dispute of the qualifications of the related subjects in the bidding ranking,the legal responsibility of the network service providers in the network advertisement,and the relief problems of the consumers affected by the ranking of the bidding price.The main performance of the supervision is that the supervision system of the network advertising is not sound,the competitive price row is lack of obvious advertising signs and competitive price row.It is difficult to supervise the advertisement of special products in the name,and the judicial problems are mainly the problems of jurisdiction,the difficulty of giving evidence,and the low efficiency of litigation.The third part is the legal regulation of competitive bidding.This part puts forward the concrete measures to improve the law,such as in the relevant laws and regulations,put forward the legal attributes of the bidding ranking in the advertising law,the identification of the online advertising logo,the responsibility of the search engine service providers,the implementation of the pre payment mechanism and the other countermeasures.Multi sector supervision,the realization of the real name system of the Internet,the supervision of the protection of the rights and interests of consumers,and so on;to improve the judicial system,to realize the solution of the jurisdiction of the judiciary,to improve the system of the burden of proof and to improve the efficiency of the litigation of the case of bidding,and to put forward the Countermeasures for the regulation of the whole interconnected industry.Pay attention to the discipline of the Internet industry,strengthen the Internet moral construction,and finally form a benign interaction between the Internet industry regulation and self-discipline.
Keywords/Search Tags:Bidding ranking, Online advertising, Search engine service providers, Legal regulation
PDF Full Text Request
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