| Competitive ranking has become one of the most effective ways for operators to promote goods,and it has brought huge benefits to search engine service providers.However,the infringement problems arising from competitive ranking not only seriously damage the safety of public life and property,but also make service providers fall into trust crisis and greatly damage the economy.The review obligation of service providers is a key link to prevent and control the infringement of bidding ranking.However,there are many differences between competitive ranking and traditional advertising,and the current law has not yet defined its review obligations according to the characteristics of competitive ranking.Whether the competitive ranking service providers should undertake and to what extent the review obligations are still in a vague state,which brings great difficulties to the application of judicial practice.Therefore,it is necessary to clarify the identity of service providers in bidding ranking and the degree of their censorship obligations in order to avoid the risks brought by insufficient regulation or excessive obligations to the development of Internet advertising industryPPC is a pay-for-performance network promotion,and its nature should belong to commercial advertising.Because of the serious infringement of bidding ranking,the lack of specialization of administrative supervision and the lag of social supervision mechanism,it is necessary for service providers to undertake the obligation of review.At the same time,competitive ranking service providers have the advantages of information technology,low cost of review and judicial practice has accumulated more useful experience,so it is feasible for them to undertake the obligation of review.Through combing the existing legal provisions and analyzing 47 case samples of judicial practice,it is found that there are still great differences on whether and to what extent the bidding ranking service providers should undertake the obligation of review.This shows that there are still many shortcomings in the undertaking of the review obligation of the bidding ranking service providers,including insufficient applicable legal basis,unclear legal status of the bidding ranking service providers,great limitations in the application of traditional safe haven rules,confusion between the review obligation and the duty of care,and imperfect criteria for determining the scope of the review obligation.These problems need to be responded from the legislation in order to solve the difficulties in the application of judicial practiceIn view of this,the legislation must improve the relevant rules of the review obligations of competitive ranking service providers.To set up the review obligation for service providers should follow the principle of proportionality,and the obligation should not only be appropriate but also limited to necessity;The law should provide a clear basis for the establishment of the review obligation of service providers;In the identification of legal status,the different degree of participation has a decisive impact on the PPC service providers,service providers are usually advertising publishers,but sometimes the identity of advertising publishers and advertising operators will produce competition and cooperation;In terms of content and function,it is necessary to clarify the boundary between the duty of review and the duty of care to solve the specific application problems in judicial practice;According to the examination ability of bidding ranking service providers,they should undertake the obligation of examination for keywords and front-end advertisements,and the degree and standard of performance of the obligation should be clear.At the same time,in order to play the role of coordination and regulation of PPC service providers,it is also necessary to improve the diversified governance model combining administrative guidance and self-regulation,so as to achieve the goal of orderly governance of PPC advertising industry at minimum cost. |
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