Research On Legal Regulation Of Search Engine Bidding

With the rapid development of Internet technology,more and more consumers are beginning to use web search services to obtain the information they need.In this data age,a new type of online advertising model,bidding ranking came into being.On September 22,2001,Baidu officially launched its own independent search engine website and launched a bidding ranking model.This is the first time that the tender ranking has been introduced to China.Bidding is a billing service launched by search engine vendors based on search engine technology.Online consumers search for the information they need by entering keywords in the search engine platform,but because the bid ranking is the result of human intervention,the relevant links are displayed.The setting of the information is related to the price.However,when search engines review relevant information provided by merchants,Their lack of attention and review obligations lead to frequent violations of the interests of the relevant subjects,leading to a range of legal issues.Therefore,it is extremely necessary to improve the positioning of the law in the bidding ranking.This article will compare and study the existing typical cases,and then clearly position the bidding rankings,according to the specific requirements and status quo at the current stage,and then integrate the relevant problems in China’s legal practice,and refer to the extraterritorial practice experience,and settle in China.The judicial practice finally puts forward suggestions for perfecting China’s bidding ranking system.This paper is divided into four parts,mainly from the case to find the legal defects of the bidding ranking,combined with the theoretical knowledge to conclude that the bidding ranking is a commercial advertisement,and draws on the foreign practice to put forward the perfect suggestions.The first part is the positioning of the legal attributes of the search engine bidding ranking.This part mainly analyzes the legal nature of bidding rankings by case,and divides the case into judicial cases and administrative cases.It counts and summarizes the judicial cases and administrative cases of the search engine bidding ranking through the China Judgment Document Network and Weike First.Statistics show the relevant disputes in the bidding ranking.Then through specific cases to illustrate the divergence of ideas on its attributes in practice,combined with the "Advertising Law" on the description of advertising characteristics,although the bidding ranking is different from traditional advertising,but it is essentially advertising behavior,and draws the core point of this article: Search engine bidding rankings are commercials.The second part is the legal issue caused by the bidding ranking.Due to legal deficiencies,the auction rankings generate a series of legal issues during the operation process.This part mainly analyzes the individual problems in the current search engine bidding ranking in China,such as publishing false advertisements and conducting unfair competition.The third part is the extraterritorial practice research.List the practical cases and practical practices of the United States,Australia,the European Union and other foreign countries on the search engine bidding rankings,and draw lessons and suggestions for the following suggestions.The fourth part is to improve the legal regulation of China’s search engine bidding ranking.According to the nature of bidding rankings and the status attributes of search engine vendors,suggestions for modifying existing laws and special legislation,determining the obligations and responsibilities of search engine vendors,perfecting the supervision system,improving the self-discipline system,etc.,and proposing to improve the consumer relief mechanism Suggest.