Study On Tort Liability For Search Engine Service Provider In Keyword Exploration

As an emerging business promotion model,Keyword promotion service has changed the traditional mode of Internet interaction,and it brings a lot of opportunities to the era of information explosion.However,due to the lack of current legislation,the infringement of keyword promotion services has gradually appeared.The search engine service providers that provide services are in the"vacuum"zone of legal regulation in a certain extent.It is difficult to define it,which leads to the tragedy of"Wei Zexi incident".The occurrence of "Wei Zexi incident"has aroused public opinion'^dissatisfaction with Baidu promotion model,but the legal predicament of its existence makes academic debate endlessly.This paper uses literature research method,comparative analysis method,case analysis method and legal interpretation method.Starting from the "Wei Zexi incident",the three main points of dispute are summed up:First,The legal nature of keyword promotion service.Second,search engine service provider should do the review duty problem.Third,whether the search engine service provider may constitute indirect infringement and the liability of tort liability.At the same time,the article combines domestic and foreign judicial precedents and research status quo to help keyword popularize search engine service provider's tort liability identification.The article will be elaborated from five parts:The first part elaborates the attention to the real dispute of keyword promotion service from the perspective of"Wei Zexi incident"to introduce the legal definition of the promotion service and the judicial dilemma of the search engine service provider's review obligation and the determination of tort liability;The second part discusses the legal nature of keyword promotion service and the author's view on the qualitative view of Baidu promotion in the"Wei Zexi incident"by combining domestic and foreign judicial cases and laws.The third part enumerates the defects of China's existing regulations on censorship,and analyzes the audit responsibility of search engine service provider in three stages.The fourth part is the determination of the tort liability of the search engine service provider.The fifth part is the identification of the tort liability form of search engine service provider and its liability.Keyword promotion service is an indispensable business promotion model.In order to better serve the public,it is necessary to improve relevant legislation as soon as possible,and define the legal nature of the keyword promotion service and the review obligation and tort liability of the search engine service provider.Only in this way can we effectively prevent the occurrence of infringement problems like the "Wei Zexi incident".