An Analyze Of Jurisdiction Problems Of Concerning Foreign Electronic Commerce Cases

The EC (Electronic Commerce) is the product of the Third Industrial Revolution. As early as 1960s, the EDI (Electronic Date Interchange), the predecessor of EC, has been already widely used in some large enterprises. Because of the day's technical conditions, EDI can only be used between specifically business partners. But the characteristic of speediness and automatic, EDI is still the first choice to build an automatic system of an enterprise. Along with the Internet technology, EDI has quickly developed to EC, all sorts of subjects carry on EC by the website and E-mail, all those facts make a fast growth of the EC'share in the globe trade. According to statistics, since 1995, the enterprises which join in the EC in the Northern America, Western European and the Japan has increased by the speed of doubling per month, and according to the IDC (International Date Corporation)'s deduce, in years between 1997 to 2001, the volume of trades of EC in Northern America has been increased from $8,500,000,000 to $155,100,000,000, and the volume of trades of EC in Asia-Pacific Region has been increased from $720,000,000 to $ 30,600,000,000.The great potential of EC has already aroused a worldwide attention, and the legal problem accrued in EC process has also brings a challenge to the existing jurisprudence. This article tries to start with the jurisdiction of EC, analyze the impact which made by EC to the existing jurisprudence, and tries to give some suggestion to solve the problem.The article is divided to four parts. The first part is to analyze the impact which made by EC to the existing jurisprudence by the traditional jurisdiction theory. The second part is to analyze two different new jurisdiction theory of Internet. The third part is to analyze the attribution of the base of jurisdiction, which appeared in the developed countries, especially in the United States of America. The last part is to analyze the current conditions of EC cases in china, and tries to make some useful suggestions to the jurisdiction of EC cases, which based on the analysis of other countries practice experience.