Research On Jurisdiction To Tort In International Electronic Commerce

The network economy development, information age oncoming brings the enormous convenience to people's study, work and life. At the same time, they cause the international electronic tort case massive emergences, which propose the new task for the judicial theory and the practice. In the private international law domain, the traditional private international law has all been under the very big impact in many aspects, in particular it vacilated the traditional right infringement case jurisdiction foundation. The international trading jurisdiction is not only a premise that a court in one country to be able to touch on foreign affairs, but also a requirement that the verdicts can be accepted by courts in other countries. To deal with the jurisdiction of the international electronic commerce tort case properly can uphold one country's sovereignty of the justice, and it also can protect the interests of our citizens and enterprises.The traditional jurisdiction of the tort cases takes the jurisdiction foundation generally by the place the act of tort occurs and the result of tort occurs. However, the network uncertainty causes the network to move itself cannot manifest nearly any has the stable relation traditional factor with the network activity. It is difficult to confirm the place of the act of tort. Because of this global character and the uncertainty, it is possibly unable to find the physical place which corresponds with the reality. Therefore, the problem of the jurisdiction is proposed to the theory and to practice set the urgent request to the international electronic tort case. In the field of jurisdiction of the international electronic tort case,"Unification Computer Information Transaction Law"made some regulation. The American courts form a regulation by massive legal precedents. They divide cases into two types. Those are the defendant have actual business in the court jurisdiction or have no actual business. The court has the jurisdiction to the defendant in the cases in preceding type. The court will exercise the"long arm jurisdiction"to the defendant according to the different situation. The American law has place of the characteristic lies in to"the effect principle"which determines to the suitable international jurisdiction stipulation, and constituted the long arm jurisdiction in this foundation the principle, simultaneously through had the feasibility concrete standard to establish the threshold contact theory. At present, the Europe continent refers to "the Brussels Joint pledge" about the international trading jurisdiction, but this kind of case jurisdiction has not obtained the full research in the national stratification plane. At present, it also lacks the correlation the national legislation. It not difficult to discover and very many stipulations already obviously cannot follow the time the development request and the international commercial development. Speaking of Canada, simultaneously receives the written law and the case-law adjustment in the jurisdiction problem. Various provinces and the federal state all have acknowledged mutually and the execution decision written law, involves the international electronic commerce tort case jurisdiction in the judicial practice the universal deference real the essence to relate the principle as well as not the convenient court principle. In brief, Canada has not surpassed the traditional jurisdiction practice on international commerce tort case, which based on the traditional theory and methods. They think the court where the court is has the jurisdiction.Australian and American and Canada's constitution is similar, whose state and federal government all may have the jurisdiction question which interstate as well as international between appears frequently through the legal coordination. However, Australia holds the discrete manner regarding this question, not look like US such the long arm jurisdiction to extend by no means it to the Internet in, but is the use not the convenient court the principle carries on the self-restraint to its judicial jurisdiction.Along with the economical globalization advancement unceasing development and the international people trading contact unceasing expansion, the jurisdiction of the international commerce tort case inevitably will have more and more conflicts. Under the internet environment, although the academic world proposed the different plan on determine the jurisdiction of this kind of cases and the various countries'legal precedents has also formed some standards for the determination jurisdiction. Unfortunately, there is still no the only standard. Therefore, harmonizing the jurisdiction and safeguarding the international electronic commerce development are very important. The fundamental way of solving the problem is to conclude the international conventions. In this aspect, the Hague private international law conference discussed from February 28, 2000 to March 1and formulates"Trading Jurisdiction and Foreign Decision Joint pledge"(the Hague Jurisdiction Joint pledge), which has a model function, but still obvious lag and the incompatibility. Therefore, before the countries have the practical effective feasible agreement, the principle of the agreement choice jurisdiction, the inconvenient court principle and first accept court principles are supposed to be coordinates the international electronic commerce tort case under the internet environment.There are not many such kinds of cases in our country. The existing disputes are mainly about the copyright cases and domain name. Along with increasing Internet users and the electronic commerce rapid development, the unfair competition and other forms on-line tort cases will certainly massively to emerge. The author believes that our legislations may suitably learn"the goal direction method"from English America legal system if the international electronic commerce tort case occurs in our country. In addition, Europe mainland legal system establishes"the protection of the consumer first"principle. Moreover, the author think"according to the plaintiff locus"is also very important.Under the coordinated internet environment international electronic commerce tort case jurisdiction, safeguards the internet and the international electronic commerce development, is the progress of the science and technology which proposed for the theory and the practice. We should maintain the jurisdiction sovereignty premise. We should pay attention to coordination of the various countries'international trading jurisdiction system, and to the development tendency of the international trading jurisdiction. Treat this kinds of rationally and rise to the challenge. We should join the process with responsible attitude and make progress for the law in the world.