The Jurisdiction Of Internet Infringement

Internet is the biggest computer network in the world. It was originated from the U.S.A. in the sixties of 20th century. It developed rapidly in the middle and late of the 20th century. The flourishing development of Internet has changed mankind's traditional life style. Internet has enabled our daily life to reach an ideal realm in which distance can't keep us apart.However, the network is a blades sword, at the time of bringing huge opportunity for the human being society, also adducing tough problem for us: the right of civil subject has been infringed. Because of the characteristic of Internet, investigating and fixing legal liability is more complicated than before. Traditional law system is facing the unprecedented test and challenge. In order to conquer the difficulty and face up to this challenge it is necessary for us to develop and perfect the Internet law.The dissertation embarks on the traditional theories of international civil and commercial jurisdiction, points out the challenges brought out by the internet infringement, analyzes the existing theories and practices, and puts forward feasible solution.The whole dissertation is composed of three parts------ introduction, main body and the conclusion. The main body consists of four chapters.The introduction illustrates the background and significance of studying the jurisdiction of internet infringement.The first chapter introduces traditional theories of international civil and commercial jurisdiction. It refers to three main issues. The first one is the cause and formation of the jurisdiction conflicts arising from international civil and commercial cases; the second one relates to the major principles about international civil and commercial litigation jurisdiction; the third is the basis of defining the international civil and commercial litigation jurisdiction. The issues above are set for comparative analysis of the challenge brought out by the internet infringement to the traditional jurisdictional theory.The second chapter introduces the concept, feature and formation of internet infringement, and it sheds light on the specialty of the internet infringement compared to other traditional torts. Combined with newly promulgated tort law, the dissertation discusses how to ascertain the liable subjects in the internet infringement cases, and analyses the resultant outcome challenging and shaking traditional jurisdiction theory.The third chapter tries to explore how to face up to the challenges brought out by the internet infringement from the theoretical and pragmatic aspects. The first part is to discuss the internet infringement jurisdiction theoretically: there are seven influent doctrines, such as new sovereignty doctrine, website jurisdiction doctrine. The second part is the effort and coordination made by the world on internet infringement jurisdiction, and the dissertation analyses the practices in USA and Europe at length, for the former has the earliest and largest cases in the world, and the latter is the widest and most influent unified European Union. Besides, internet infringement jurisdiction discussed in Hague Conference on Private International Law is also discussed.The fourth chapter analyses our legislation and status about internet infringement jurisdiction, and puts forward the viewpoint with relevant reasoning. The dissertation supports the new jurisdiction based on the domicile of defendant, and this is the gravity of the dissertation.The conclusion summarizes the whole dissertation and emphasizes the argumentation of new jurisdiction'based on the domicile of plaintiff'as the standard.