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Internet Challenges On International Civil Cases Jurisdiction And Rapionalization Proposals

Posted on:2005-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:J D LiuFull Text:PDF
GTID:2156360152966304Subject:Law
Abstract/Summary:PDF Full Text Request
In information era, high-tech embodied with internet promotion exercises great influence in every area of social life and inserts far-reaching influence on traditional law system even law thinking methods. On the connection with international private law, internet characterized with globlization, internationalization, free interchange, multiplization makes great challenges on traditional rules of jurisdiction and arises many problems in law practice .How to define the jurisdiction relative to internet cases reasonably and directly has become a problem needed to be resolved instantly at hand. Devided into four parts, the thesis directs its attention to the challenges that internet inserts on the jurisdiction in international civil cases and the ways to handle.In the first part, the thesis makes a brief introduce about the history and characters of internet. From the aspect of characters of internet, analyzes the challenges that internet plays on traditional international private law(mainly includes the challenges on connecting points like nationality and domicile, reservation of public order, application of lex causae, jurisdiction ect).In the second part, on the base of full understanding of jurisdiction in international civil cases in different nations ,in the comparative method of studying ,taking into consideration what challenges the jurisdiction has met in traditional private civil cases. On the ground of case analysis, finding out the factors that effects the definition of jurisdiction in international civil cases(that controlled bythe characters of internet).In the third part, the thesis lists the newly-promoted theories from the practice in handling the international civil cases in different nations. Though many different defects looted in the theories ,obviously they will greatly help us define the jurisdiction in the international civil cases on the background of internet.In the last part, after completely understanding of the different balance elements in internet case jurisdiction and full understanding of the importance of international coordination in internet cases, the writer here presents several applicable ways to define the jurisdiction in international civil cases on the background of internet.We know, sometimes, applicable law will be left behind our times. On this connection, with the development of society, more challenges tends to be met in the body of international private law, the Whether the international private law itself faces the challenges in right way is the crucial point we must take into consideration in handling international civil cases.
Keywords/Search Tags:internet, international private law, jurisdiction
PDF Full Text Request
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