Foreign-related Network Tort Laws Applicable Research

The emergence of the Internet has caused not only lifestyle changes, the more aroused strong traditional legal system level fluctuation. In private international law, legal applicability in the theory and practice, always all is worth studying focus and hot issue. Network without borders sex makes tort can happen anywhere, anytime and, the network confusing made tort complicated and so, network tort laws applicable questions become brutally hard. Therefore, in the network age information globalization, how do we get the existing tort laws applicable theories and network tort to adapt, the particularity of how to use the laws applicable rules do promote both the positive development of information technology network and safeguard the lawful rights and interests of Internet users network infringement cases, we become the effective solutions to the problems of the current, and will be a study of private international law a arduous and long-term task. In recent years, the network's rapidly promote international association is increasingly close, foreign-related disputes will be more and more.October 28,2010 by the standing committee of the National People's Congress of the People's Republic of China law applicable foreign-related civil relationship between law and the of a landmark laws, tort law applies problem again become specialists and scholars of common concern to the important issues.Just as the applicable laws infringement, the biggest innovation points in tort law applies prescribed by the habitual residence of main link points, and the special provisions shall apply through network infringed by the infringer personalism habitual residence laws often. But the law did not to other types of network tort give explicit provision.This paper analyzes the law applicable legislation in the provisions of the relevant infringement, using comparative analysis and case study, the thorough discussion about network tort law applies problem.This paper mainly discusses the network tort laws applicable problem, divided into the following four parts:The first part is an overview of the network tort, mainly expounds the basic theory of network tort and its characteristics and forms for the content such as paper, behind for basic matting.The second part is a network of infringement cases the challenge of applicable law system, analyzed the network to the traditional respectively for tort laws conflict, the traditional tort law the reasons for principles on the network environment faces new challenges, and these challenges method.The third part is foreign-related network tort laws applicable, this section is the theme of the paper, on the one hand, this paper introduces the traditional part tort law applies to points out that the traditional tort law, in the face of network for principles when limitations of infringement. On the other hand, this paper focuses on the application of law in foreign network tort, combining with the uniqueness and other national network of some practice to explore the feasibility of network tort law applicable rules.The fourth part is our country about network tort laws applicable legislation and improvement Suggestions, this part of the main analyzes the problems existing in reality and legislative insufficiency, use for reference foreign related practices, combined with the actual conditions of our country, puts forward the feasibility legislation proposals.