Study On The Jurisdiction System Concerning Internet Cases In Private International Law

With the rapid development of the Internet technology, Internet has involved into a modern communication approach as well as a new living space and style which brings far-reaching impacts on our social life. Accordingly, law as the main social life regulating rules, is also imposed to many challenges. In civil and commercial cases involving Internet, the determination of jurisdiction has become a tough question since the features of Internet such as boarderlessness and intangibility are in conflict with the traditional rule of territorial jurisdiction. This dissertation reveals the difficulties brought by Internet-based activities, analyzes the current theory and practices, and proposes possible solutions.The whole dissertation is composed of five chapters excluding foreword and conclusion.Chapter one analyzes Internet technology and the features of Internet-based activities. It demonstrates that Internet poses many difficulties to the current social management model featuring state management due to its natures of boarderless, transnational, global and highly self-autonomic. In the same time, Internet-based activities also pose challenges when applying the traditional jurisdictional rules, methods and standards and finding connecting points in Internet cases.Chapter two discusses the features of Internet and the theory of independent Internet jurisdiction based on the theory of Internet self-autonomy, and the practice of self-discipline dispute resolution mechanism based on Internet technology. This chapter stresses the theory of international space, the theory of self-autonomy of cyberspace and the theory of relativity of jurisdiction and then discusses the current Internet-based dispute settlement mechanism.Grounded on the current international situation regarding Internet technology development, the economic development and the relation between Internet-based activities and the physical world, this dissertation pointes out that the Internet-based activities must eventually be realized and effectuated in the real world, therefore the basic approach for determining the jurisdiction should be the traditional approach adapted to the Internet environment. Chapters three, four and five then focus on the application of the traditional approaches into the Internet environment.Chapter three discusses the application of the general jurisdiction rule into the Internet environment. The theme of this chapter lies in the determination of the status...