The Litigation Jurisdiction On The Internet Infringement

With the continuous development of social economy, information technology advances by leaps and bounds. Network technology has been widely used and penetrated into every corner of social life. It has become an integral part of modern life, information dissemination and tools of communication. At taking technology of the computer as network technology, has brought the supporting network applications for efficient .The fast development is an important factor in its rapid, but the inherent virtual network, global, real-time, objectivity and non-centralize and other characteristics of the decision of the network while in the development and application must be accompanied by a spreading false information, network fraud and a series of violations occur. The negative development of these networks products in some extent hindered the development of the network itself, but another aspect is forced to ask the network to constantly improve the dispute resolution mechanism to optimize the network environment, especially the developing world on the network as soon as the rules governing tort litigation is particularly important and urgent. As for how to solve the traditional tort jurisdiction and the specific network application conflicts between the jurisdiction, and legal aspects of social life to become a hotspot but also a difficulty.In this paper, a lot of detailed research, combined with existing theories, the jurisdiction of infringement cases on the network made a further analysis and elaboration of the integrated use of analog, empirical and other methods, the characteristics of the network, the network the objective existence of violations , social harm and network infringement cases difficulty starting the jurisdiction of the specific application, to fully analyze and learn from foreign countries in a more complete application of the rules of jurisdiction on the basis of jurisdiction for infringement of the network relevant legislation and judicial action to make reasonable recommendations, in order to improve the rules in governing infringement of our network.Besides the introduction and conclusion, this paper is divided into three parts, about thirty thousand wordsThe first part is based on the characteristics of cyberspace as a starting point, grasp its virtual nature, objectivity, universality, non-central management of, the network space and the objective existence of physical space compared to analyze the connection point at the same time, research the characteristics and types of violations, highlighting the network of infringement made by the traditional jurisdiction of the new requirements and challenges.The second part describes the network application of traditional tort cases, jurisdiction over tort cases arising from the jurisdiction of the huge impact, based on objective practice, combined with the uncertainty of the network the infringement, violations of the objective existence and objective harm to society, etc. Analysis of the jurisdiction of the traditional theory of judicial practice in the embarrassing situation encountered. Further infringement by domestic and international network of judicial jurisdiction over the practice of analysis, comparison, in the full argument, based on the review of its strengths and weaknesses, combined with our network of infringement cases related to the jurisdiction of the relevant laws and regulations, theory and practice, promote each other as the starting point, giving rise to infringement cases relating to the jurisdiction of the new network theory.The third part is the main part, focus on the network described the jurisdiction of civil tort rules in the new situation to rebuild the importance, necessity and feasibility. First, the analysis of the Supreme People's Court jurisdiction on Internet infringement, complaint of judicial interpretation of both the advantages and disadvantages of the new situation reveals, the era of network infringement and infringement under the jurisdiction of traditional rules of facing new challenges. Second, the civil jurisdiction as determined by the values and principles related to making a brief analysis, discussion of proposed conditions of the socialist rule of law, infringement proceedings should be how to build a network of regional jurisdiction system. Finally, under the jurisdiction of traditional tort rules, use the scientific concept of development and continuously improve and develop the traditional rules governing tort litigation, tort litigation that the network system on the principle of territorial jurisdiction should follow the network of high-speed Internet era and the free development of the law. It can still apply in cyberspace, and therefore under the jurisdiction of proposed new network based on infringement cases, the defendant has its domicile, tort, the website associated with the geographical address of the domicile of the plaintiff.