Comments On The Judicial Jurisdiction Of Disputes On Electronic Contract

Nowadays, the computer and Internet have played important role in the life of people. In order to regulate the order of the Internet, the study of the legal problem of computer and Internet has also become very important and urgent. The reality requires the legal order to regulate the Internet. And the procedural problem, which is both the safeguard of this order and one of the orders itself, is more important. This essay concentrates on the judicial jurisdiction of the electronic contract among the various procedural legal problems.With the prosperous development of the electronic commerce, the jurisdiction problem of the electronic contract becomes more important. This essay introduces the general knowledge of the electronic contract. On this basis, the writer analyzes the differences between the electronic contract and the traditional contract. The conclusion is that there are both similarities and differences between the electronic contract and traditional contract. So in setting up the judicial jurisdiction of the electronic contract, we should choose, pick up the priority of the traditional jurisdictional basis of the disputes on traditional contract and cast away the limitation of that. In the following part, the writer introduces the new theory and new practice of the judicial jurisdiction of the electronic contract emerging during the exploration of the judicial jurisdiction of the electronic contract. Eventually, the viewpoint of the writer concerning the judicial jurisdiction of the electronic contract is presented. The present conditions of the theory and practice of the judicial jurisdiction of the electronic contract of China is also discussed. And the writer also gives the proposals on this.The whole paper is divided into four parts and contains about 35,000 Chinese characters. The main contents of each part are as follows:The Introduction: In this part, the writer introduces the purpose and motive of writing this paper. And also introduce the conception, the characteristics of the electronic contract and the important function of it.Chapter One: the challenges on the international civil and commercial judicial jurisdiction put by the electronic contract. This chapter is divided into three sections. In section one, the writer analyzes the challenges put on the international civil and commercial judicial jurisdiction regulations by the electronic contract. In section two, the application of the traditional jurisdictional basis on the electronic contract is analyzed. And the writer finds that some of the traditionally jurisdictional basis can be applied in the electronic contract, and others can not. In section three, on the basis of analysis of the jurisdictional basis, the writer proposes the principals which should be insisted in setting up the judicial jurisdiction of the electronic contract.Chapter Two: the new theory and practice on the judicial jurisdiction of the electronic contract. This chapter is divided into four sections. In section one, the writer introduces the function of the website in setting up the judicial jurisdiction of the electronic contract. After the analysis, the writer finds that website can not act as the judicial jurisdictional basis of the electronic contract cases. In section two, the conception and the main contents of the theory of relative jurisdiction are presented and this theory is criticized. In section three, the writer introduces the conception and main contents of the theory of new sovereignty, and then analyzes and criticizes this theory. This theory also can not be the basis of setting up the judicial jurisdiction of the electronic contract. In the last section, the writer analyzes and criticizes the "minimum contact theory" of the judicial jurisdiction of the United States, and introduces the relating practice of the United States.Chapter Three: Setting up the reasonable principle of the judicial jurisdiction of the electronic contract. This chapter is divided into four sections. Section one is about the principle of agreed ju...