The Impact And Resolution Of Jurisdiction In Cyberspace

The rapid development of Internet has successfully provided huge opportunity foreconomy and society progress. However, every sword has two edges. Internet also pushchallenge to jurisdiction world as well as offer efficiency and convenience, especially tointernational civil and commercial jurisdiction. Based on the discussion upon traditionalprinciples of jurisdiction, the author generally expressed her opinion on new theoriesarising from this field .The paper discuss the cause why Internet bring impact tointernational civil and commercial jurisdiction. The paper also criticize five popular newtheories and discuss the practice and direction of our country . Finally, the paper setforth the resolution is: looking forward, developing current doctrine and internationalcooperation. There are five parts in this paper, including about 27,600 words. Part â… : Briefly introduce the meaning of international jurisdiction. Then discussthe traditional jurisdiction and its purport in international civil &commercial suit. In theend The paper introduce three jurisdiction principles :territoriality , nationality andparty will. Part â…¡: Sum up the characters of internet and analyze the impact Internet bring totraditional jurisdiction basis. Introduce four characters of Internet: objective, extend allworld, intercrossing and no center in management .The paper focus on the impact fourcharacters bring to five traditional jurisdiction principles: territoriality , nationality ,party will, and most close contact principle. The paper show the embarrassed situation oftraditional jurisdiction principle in Internet. Part â…¢: Introduce and evaluate five new theories: new sovereignty, comparativerule, long_ arm jurisdiction , website, and forum non conveniencee. Unpractical, newsovereignty and comparative rule aggrandize the freedom of internet in order to excludereal sovereignty. US "Long_Arm Jurisdiction", which introduces the protection of localinterests into the cyberspace , is a harmful practice and would cause confusion in longterm .Essentially extending the long-arm jurisdiction over foreign subjects may impedethe sovereignty of other countries and we should adopt a negative attitude. The Websiteaddress as the jurisdiction base has the advantage of being steady and related with actualjurisdiction area and thus it accords with the basic conditions of being the jurisdictionbasis. However, the pure website address could not indicate the relation with actualjurisdiction area and thus it shall not be regarded as the jurisdiction basis. With theadvancement in technology, the technology and legal basis to distinguish "positivewebsite" from "negative website" could be finally found and at that time the website aswell as other factors shall be taken as the jurisdiction basis. At last, this dissertationdiscourses on function and future of the forum non conveniencee in network anddemonstrates the feasibility of taking it as the basis of jurisdiction basis. Part â…£:Introduce three internet cases in China. Analyze China specialty is findingjurisdiction basis through enlarging judicatory explanation about place of an infringeact .Point out China want to make existing doctrine adequately accommodate Internetjurisdiction disputes. The paper also subject plaintiff residence and server equipmentplace can become place of an infringe act. What's more China can put inconvenient courtprinciple into Internet case. Part â…¤:Summarize the paper and point out the substance of question is every statedispute domination of the Internet jurisdiction. The paper raise three suggestions: 1 treatfive new theories on the base of facing future; 2 find correct way to make existingdoctrine adequately accommodate Internet jurisdiction disputes; 3 PromoteInternational cooperation and establish a real "Internet Law ".