Competitive Ranking Of Search Engine Service Proveders To Define The Duty Of Care

Network technology update speed is very fast,coupled with the network business model can bring huge economic benefits,under the conditions of support,e-commerce was rapid development trend,has now entered the popular period and high-speed development period.The network market is in the form of bilateral benefits.The search engine PPC can provide information service,technical,convenient and commercial.At the same time,it is also involved in the infringement of the characteristics of concealment and multiple,and this is also evident in the embodiment.Part of the business for the pursuit of their own interests to maximize the use of non-compliance with the legal requirements of the means of competition,including the use of infringing key information and domain name information to search in order to enhance the promotion and marketing of their own products or services,And thus cause false propaganda,trademark infringement,etc.,and cause theconsequences of infringement.Through the analysis of the case of "Wei Zexi","the history of three eight cases" and other cases,search engine service providers as a provider of network platform services business,once it did not make the necessary attention to the obligations,you need to bear the corresponding tort liability The In this regard,the Tort Liability Act,in its thirty-sixth article,provides for the principleuality of the tort liability and composition of the network service provider,How to fulfill their obligations,what is the content of the implementation of obligations,how to avoid infringement of responsibility and so did not make provision.In this paper,we choose to analyze the cases of keyword bidding ranking,focus on the definition of duty of duty of search engine service providers,and analyze the tort liability caused by this kind,aiming at giving the guidance of legal practice.In the light of the research needs,in the interpretation of the scope of the obligation to explain,with the current theory to elaborate,to facilitate the search engine service providers to their own obligations to achieve prejudgment,according to the law to provide services and industry self-discipline.When the search engine service provider finds the infringing facts,it is necessary to take measures to stop the infringement in time.If the theory of "safe haven" and "notice-removal" are applied when the facts of the infringement are explained,if the search engine Service providers still do not act,mustbear the corresponding legal responsibility.On this basis to build a mature and orderly network order,and then promote the healthy development of the industry.