On The Lawsuit Domination Of Internet Infringe Jurisdiction

The development of the internet has brought about much convenience to our life, and has influenced us deeply. Internet infringement, however, as the negative effect of the internet, has also caused much trouble to us. How to provide judicial protection to the injured person and reduce internet infringement has become a hot issue, arousing the universe attention of the people. The determination of jurisdiction, as the first step of internet infringement lawsuit, is therefore the initial problem to be solved as well as one of the core issues. The dissertation analyzes the challenge of internet infringement over traditional jurisdiction, points out the irrationality of the new independent jurisdiction theory. And then, it starts from the impact by internet infringements to the traditional terrain domination and analyzes several new theories and a number of particularized rules of American fully. Basing on the analysis on relevant theories and practices, the dissertation holds the opinion that it is necessary to take into consideration all connecting factors. Together with Chinese judicial practice, it construes the two newly issued judicial interpretations and points out the deficiencies on them. The author's view in this dissertation is that terrain domination has to esteem the internet develops freely in the internet ages, internet infringement is in essence the same with traditional torts. Traditional terrain domination, with some adjustments, can still apply to the cyberspace. And choose the suitable proportional jurisdiction court according to the concrete condition of the case. Since internet technology develops so rapidly and judicial practice in this field lags far behind, in view of the current theory and basis, it is impossible for us to legislate expressly on internet infringement jurisdiction. We can only accumulate experience and make our legislation gradually. We should pay more emphasis on international cooperation, as well as on the interrelationship of law with other social norms, especially technological norms. Based on that, the dissertation tries to put forward corresponded lawmaking suggestions on the territorial jurisdiction of internet infringements for our country, and break through the rule of "accuser comply with defendant", making the plaintiff residence turn into the dominative foundation of the internet tort case.