Research On The Juristic Issues Of International Civil Jurisdiction In Cyber Space

With the fast development of computer science,a new era of network is coming. In the mean time,our law system and social rules are being changed by this technical revolution,as greatly as the Industry Revolution had done in that time. As to the area of Private International Law,the traditional rules about jurisdiction are challenged by the new characters of multinational entanglements which have relations with the Internet. Therefore,it is very necessary to revise those rules,so they can be applied to the Cyber Space.According to the main characters of Cyber Space,the impacts on the theory of International Civil Jurisdiction caused by the application of network are analyzed in this paper. As the expansion of the Physical Space,the Cyber Space should not be a place where the power of state judicature is denied. Based on the traditional theory of International Civil Jurisdiction,the counterpart in Cyber Space are discussed in this paper. Firstly the principles about the confirmation of jurisdiction are presented. Then the various confirmation foundations are discussed with respective examples. Traditional confirmation foundations are analyzed to determine whether they can be used in Cyber Space. Juristic analysis is also made on a number of new theories about that. There are always some conflicts on the confirmations of judicature between nations,so two ways based on nation law and inter-nation law respectively are presented in this paper. In the last part,with the analysis of correlative examples and law constructions in our country,some suggestions are made for the legislation of our country on the jurisdiction in Cyber Space.