Study On The Internet Jurisdiction Over The Operation Of Electronic Money

As the result of information technology development and financial innovation, electronic money brings convenience and abundance to the e-commerce. Unfortunately, law and regulations often lag behind demands, especially in the fast social and economic transformation period. Electronic money is facing such problems.This dissertation is the study on the internet jurisdiction over the operation of electronic money. It reveals the difficulties brought by Internet-based activities of electronic money, analyzes the current theory and practices, and proposes possible solutions. In view of the special legal features and complex operation of electronic money, traditional connection factors and jurisdiction theories cannot be directly applied.There are mainly three parts. In the first part, after exploring the instinct legal status and features of electronic money,the author points out electronic money is not fiat, but a new payment instrument which is manipulated based on fiat money, commercial credit and the internet; In addition, electronic money takes on an integrated legal nature both in right in rem and creditor's rights. Such legal natures would bring electronic money to the dilemma of the application of conflict law.In the second part, the author discusses how electronic money challenges traditional jurisdiction theories via the operation of internet when applying traditional jurisdictional rules and connecting points. Some updated theories on internet jurisdiction such as self-autonomy are developed though they are not that effective and thus acceptable; furthermore most countries for example the United States of America and EU are attempting to solve internet jurisdiction problems from theory to justice practices, and they have achieved some experiences both in theory and practices. Grounded on the current electronic money development and the internet technology situation, the author points out that traditional jurisdiction theories are still useful but should be improved and adapted to the Internet environment, i.e. the connection factor softness, internet agreement and the forum non-convenience. At the end of this part, the author discusses the current litigation principles on internet jurisdiction of China.Unfortunately, by reason of scrambling for political and economic interests, countries are expanding their jurisdiction by the name of using internet of electronic money. Even traditional law conflict problems have not settled yet, such expanding practices may bring more conflict of law problems on electronic money operation and make such problems more complicated. Therefore, in the last part of the dissertation, the writer suggests that international harmonization and cooperation is the only appropriate way to work out the internet jurisdiction problems on the operation of electronic money. Also, only by adhering to general principles and constantly adapting to the technology development, can jurisdictional rules of Internet cases be guaranteed with certainty. Whereas, from researches on the international harmonization endeavors history, for instance the Hague Conference on Private International Law. The writer finds such harmonization is a long way and has to undergo step by step.