The Legal Liability Of Search Engine Providers In False Advertisements Of Competitive Bidding

The competition ranking combines search engine and prioritization to form a simple and quick network promotion model.This model uses the way consumers rely on keyword search,which caters to the profit of the business.The promotion of competitive bidding is hot.At the same time,the false advertisements in the auction are also rampant,sweeping the Internet and seriously infringing on the legitimate rights and interests of consumers.This article tries to analyze the tort liability of search engine operators in the false advertisement of competitive bidding,and seeks the way to perfect the legislation.The first part analyzes the development model of the bidding ranking first,clarifies the legal nature of the bidding ranking,and then analyzes the definition of the false advertising in the bidding ranking,thus laying the foundation for the analysis of the latter tort liability.This section shows the legal nature of competitive bidding in academic and practical circles,and clarifies the legal nature of competitive bidding as advertising.It is necessary to insist on the combination of subjective standard and objective standard.By examining extraterritorial legislation and judicial practice,it is suggested that our country should adopt the cognitive ability or feeling of rational general people as the subjective standard,while the special audience's cognitive ability is the exception principle.In objective standard,we should emphasize that content can influence consumer's purchase decision,and at the same time,we can use the method of "fuzzy memory" to identify it.The second part explores the identification of tort liability of search engines.First of all,whether the search engine business should bear the duty of care should be considered.Secondly,it is suggested that the principle of presumption of fault should be applied in the subjective aspect,and the burden of proof is applicable to the inversion of the burden of proof,and the search engine merchants bear the burden of proof to prove that they have no fault,and the incompetence of the proof should bear the tort liability.Finally,it analyzes the constituent elements of tort liability of search engine business.The third part analyzes the liability of tort liability of search engine providers.First,it analyzes the responsibility form of search engine providers.Search engine providers mainly undertake indirect tort liability and classify their liability patterns.Secondly,the scope of responsibility of search engine operators is analyzed.The fourth part discusses the legislative perfection of the infringement of competitive advertising in China.First,the present situation of our country's legislation is introduced.Secondly,it is suggested that the special chapter of Internet advertising should be set up in the advertising law,and the nature of the bidding rank is defined in a unified way.At the same time,it clearly stipulates the technical specification of"advertising" identification that distinguishes the bidding ranking and the natural ranking,and truly realizes the distinction between the bidding ranking and the natural ranking so as to avoid the misleading of the consumers.In addition,the establishment of a classification algorithm for the record system,by the search engine merchants to distinguish the two technical data to the residence of the provincial advertising regulatory authorities for the record,in order to monitor.At the same time,we should improve the system of tort liability for false advertising,increase the punishment responsibility for false advertising in the bidding ranking,and improve the public interest litigation system to safeguard the rights and interests of consumers.