Study On International Civil Jurisdiction Issue Of Electronic Commerce

In recent years, e-commerce is a new business model. Because of its convenience and low cost, e-commerce economy plays an increasingly important role in the current economic activities. However, as e-commerce transactions increased, e-commerce disputes also increased. Jurisdiction of the case is the first problem to solve for the court. Based on the characteristic of cyberspace, electronic commerce is very different from the traditional civil action. The traditional jurisdiction theory is not effective to solve the problem that electronic commerce cases face. Many countries allow the litigants to choose the court by agreement to settle the disputes in e-commerce actives. If litigants have not chosen the court or the agreement is invalid, thus the application of traditional jurisdiction rules is restricted. In certain degree, the non-center tendency denies the national control and jurisdiction;the global characteristic causes massive transnational legal matters to Internet;Factors such as shelter, nationality, and behavior lost relations to the physical space because of the virtual Internet. Therefore, traditional jurisdiction system faces with enormous challenge.This paper first analyzes the concept of electronic commerce, expounds the traditional jurisdiction basis, analyzes the impact taking by electronic commerce to the traditional jurisdiction principle. The author thinks that in electronic commerce cases, forum shopping will be serious if only the traditional jurisdiction rules are used. Then it analyzes legislation andpractice of the U.S. and European Union, where electronic commerce is mature. Through analysis on two legal precedents in the U.S. the article points out that the long arm jurisdiction of American court can better meet the need of the development the network technology;the paper analyzes the consumer in-situ jurisdiction stipulation of Brussels Rule, affricates the positive sense of "directive" action standard to electronic commerce jurisdiction. Then, the author analyzes the case of Ruide Corporation sue Eastern Corporation and thinks the choice is not proper. Finally, with reference to the experiences of U.S. and European Union, the author attempts to construct the jurisdiction pattern of electronic commerce. At the same time, the on-line arbitration is an effective way.This paper combines illustration analysis and comparative analysis to analyze the U.S. electronic commerce case and introduces the stipulations of Brussels Rule that is related to. This article analyzes the electronic commerce jurisdiction system in foreign countries which can benefit the construction of the electronic commerce jurisdiction system in China.