ISSN 1008-2204
CN 11-3979/C

竞价排名服务提供者法律性质新论

Legal Value of Paid Listing Service Providers

  • 摘要: 现行法已经明确了竞价排名的法律性质是广告,但对竞价排名服务提供者的法律性质尚未明确,理论界和实务界对此也存在争议。主流观点认为竞价排名服务提供者的法律性质为广告发布者,文章对此观点存疑。通过对《广告法》和《互联网广告管理暂行办法》的法教义学分析,对欧美相关立法和司法判决的解读,以及将竞价排名服务提供者与类似的网络平台——网络食品交易第三方平台的比较,可以证立竞价排名服务提供者是网络广告平台,其法律性质是《广告法》和《互联网广告管理暂行办法》中规定的"互联网信息服务提供者"。

     

    Abstract: The current law has clarified that the legal nature of the paid listing is online advertising, but the legal nature of the paid listing service providers has not yet been clarified. In this issue, there are also disputes in the theoretical and practical community. The mainstream view is that the legal nature of the paid listing service providers is the advertisement publisher, but the article questions this point of view. However, this mainstream view is questioned in this paper. After the Advertising Law and the Interim Measures for Administration on Internet Advertising are analyzed under the legal dogmatics, and after the related legislation and judicial decisions in Europe and America are interpreted, and the paid listing services providers are compared with an analogous Internet platform, the third-party platform for online food trading, this paper comes to the conclusion that the paid listing services providers are online advertising platforms with the legal nature of "Internet information service provider" as stipulated by the Advertising Law and the Interim Measures for Administration on Internet Advertising.

     

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