Research On Civil Jurisdiction Of Electronic Commerce Of America And For China's Reference

Electronic commerce based on Internet simplifies the business procedures, decreases the deal costs, which is a new way to conduct business, so it will change the way of doing business ultimately. Internet with the character of virtual feature, globalization and non-centralization challenges the jurisdiction system in effect, so jurisdiction problem on electronic commerce is difficult to resolve for many countries.U.S. courts go ahead in electronic commerce and have plenty of judicial experience to solve its disputes. U.S. courts adopt two major methods to analyze Internet cases, which includes "sliding scale test "and "effects test". By sliding scale test, every website can fall into one of three general categories: (1) passive, (2) interactive, or (3) integral to the defendant's business. The effects test does not focus on the degree of interactivity between forum resident and non-forum defendant, but rather on the effects intentionally caused by a defendant's online conduct outside the forum. In the world, there are some new theories about Internet jurisdiction such as New sovereignty theory, Relative jurisdiction theory and the theory of websites acting as jurisdiction base. Our country is just a beginner to develop electronic commerce, so we have not enough experience to deal electronic commerce disputes. We should learn from America and pay attention to websites with purposeful availment, forum non conveniens and contractual choice of forum in developing new jurisdiction base.