The Value Orientation Of International Civil And Commercial Jurisdiction Under Internet Environment

Because of entirely difference between the internet space and the real world, international civil and commercial jurisdiction theory is doubted in internet time. What kind of the value orientation of international civil and commercial jurisdiction should be followed under internet environment is what well discussed in my article. My article is divided into four chapters.The first chapter, the traditional value orientation of international civil and commercial jurisdiction. The part mainly deals with four value orientation, which will lay theoretical foundation for their suitability under internet environment for the next part. Four typical value orientation are mainly introduced in this part,"justice of procedure","domestic profit priority","pursuit the certainty of sentence","prediction and agreement"as well as"pursuit the settlement of individual case justifiably". Here their connotations and origins are expounded and analyzed by author."Justice of procedure"refers to through equal treatment to the party to ensure the dignity and subject position are respected. By means of"domestic profit prior"to try to adjust the relationship of internet domestic law is reflected by certain social politics, economy, history and culture, always with certain nationalism ;"pursuit the certainty, prediction agreement"such value orientation originated from Sannail's"Sitz des Kechtsverh Alfuisses". Sannail hope that"To any cases that exist conflict in law, the sentence should be the same no matter which country rise it","pursuit the certainty of sentence, prediction and agreement"rooted in a revolution which started by American international private law with aim to achieve the maximum justice of individual case with flexible method of law choice instead of rigid one.The second chapter, internet and the value orientation of international civil and commercial jurisdiction. This chapter is divided into two sections, the first section will discuss that which aspect have an effect on the traditional international civil and commercial jurisdiction and analyze the reasons caused by it. Because of some characteristics such as non-national boundaries and virtual of internet, it shakes the standards which are defined by tradition jurisdiction through territory. The second section will expound that whether the traditional value orientation of international civil and commercial jurisdiction is still applied under international environment. Justice is universal value orientation that law pursuit which reflect that human being's aspiration that enjoy equally be abolished no matter how environment and era is. In the fictitious space, the most prominent characteristic is globalization. Here what the linking element embodies are not unique and certain, but complex and changeable. It will be valid if we always insist on the certainly, prediction and agreement in internet case which exist law conflict. The combination of determination and flexibility for law choice is inevitable result to the development of legislation of international private law in globalization time. So, it's possible to settle individual case justifiably with flexible method under internet environment. The requirement that the unify of practical law is clear gradually, we can foresee such a orientation from unify of different law areas in EU and other countries. So the future, international private law will achieve the unity, and take the international common profit as value orientation rather than domestic profit. The third section, the value orientation of International civil and commercial jurisdiction. This part mainly expounds two major value orientation produced because of internet's own characteristic along with its development and comment on its advancement and restriction. The existence of internet basises on certain technology, which is the basis of"technology priority"theory. The jurisdiction regulated by this theory is regulated by its condition of development of internet technology and ability to control. It's obvious that the limitation of this theory is serious, because in practice, it's very possible to enlarge some country's jurisdiction power or to shrink it. For its frequency of communication, almost all countries have realized that in order to settle many common problems that people face under internet environment, they must seek international cooperation and adjust beneficial relationship each other, which lay the objective foundation for the production of"benefit adjustment". Though in practice, this may sacrifice some countries'benefit in short time; in long run it's real optimistic for its ability of obtaining more and longer benefits.The third chapter, the value orientation that our legislation should adopt to internet international civil and commercial jurisdiction. Though internet has its own specific properties, in legislation, the law about internet is not isolated from other law department, different kinds of law relationships must be reflected in real society. Hence, we can use the experience of the value orientation of the traditional international private law legislation to settle this problem. In using the experience, there are three theories:"distinction theory","agreement theory","balance theory"."Distinction theory"refers to what our country must consider China's situation in legislation ;"agreement theory"means that all countries should consult the practice of international society and international convention, take in and infiltrate each other thus orientation to close even the same. However, other orientation to"balance theory", means to embody the whole benefits and needs of international society when give consideration to the China's situation.