关键词: 搜索引擎, 信息中介, 侵权责任, 注意义务

Abstract:

Obvious different opinions on the tort liability of search engine exist among the current domestic judicial practice and the research literatureThe main reason for the differences is that people have different understanding towards the questions of whether the search engine should assume the duty of care, and to what extent the duty should be limitedThis paper proposes that analyzing tort liability of the search engine should apply the principle of fault liability and consider the search engine’s technical characteristics, business pattern and its role of “information intermediary”The duty of care assumed by search engine should be limited to a lower extent

Key words: search engine；information intermediary；tort liability, duty of care