Research On Jurisdiction Of International Civil Procedure Law In Cyberspace

Internet, as the base of information society, has created a beyond geographical limits information-sharing platform via modern communications and computer technology. Internet technology deepened the mutual understanding between human beings; promote the transformation of the mode of production; speed up the dissemination of scientific and technological knowledge. But it also causes difficulties and challenges for the court to deal with network case using traditional rules of the jurisdiction. This paper analyzes the impact of Network to the traditional jurisdiction in the purpose of pursuing an appropriate exercise mode of jurisdiction of the international civil case of network. The paper is divided into three parts.The first part is about the impact of Network to the traditional jurisdiction. The issue of international civil jurisdiction is that which court has the jurisdiction of international civil and commercial cases. The Connections of conflict norms restructuring the international civil jurisdiction has a significant geographical feature. In the proceedings, it is the facts of the case and the parties and the Court of geographical ties, including home parties, acts, such as the location of the property; such as the nationality of the parties. Most countries established principle of territoriality principle. The appearance of the Internet so that people can achieve with the signing of all peoples around the world interact, have emerged in the new civil characteristics, but also on the traditional international had an impact on the civil jurisdiction. On the one hand, its global characteristics, in cyberspace make any act of a transnational nature of the characteristics. No regional network on the geographical jurisdiction has a new challenges and impact traditional principles. On the other hand, Global network and uncertainty to a certain extent, the expansion of the scope of the jurisdiction of factors. A network may be the case in many countries through the identification and recognition of jurisdiction. In judicial practice, several courts often have parallel jurisdiction, this has resulted in the network space in the jurisdiction of the overlap and conflict. Some countries even expand jurisdiction deliberately.The second part is about the various theories of regulation of Cyberspace under the jurisdiction of the International Civil case.New sovereignty theory and the theory of relativity are trying to exclude the jurisdiction of the traditional judicial system. Rely on its own network technology force to solve the problem, which is not enough rational and realistic. They also limit the traditional territorial jurisdiction, which shaken territorial jurisdiction of the priority status. But they attach importance to the network technology in the network space with the use of positive role in terms of information on the illegality of the control to a certain extent and significance.The long arm jurisdiction is a influential theory. The theory of its flexibility and inclusiveness conforms to the development of the Internet. Network in the trial of cases; do not have to rigidly adhere to the rigid rules of tradition, but in accordance with the specific merits of the case and network with the needs of their jurisdiction judgments. However, in the information age, if at the long arm jurisdiction in the network in case of use of means "extra-territorial jurisdiction" over-expansion, the result is bound to lead to all jurisdictions, the global network has jurisdiction over the case, the international jurisdiction of civil and commercial cases the spread of conflict. This not only detrimental to the national judicial sovereignty, the parties is not conducive to the protection of the legitimate rights and interests, and may even trigger international disputes. In addition, other countries can hardly recognize the extra-territorial jurisdiction. Due to the exercise of jurisdiction by a wide range of the majority of countries have expanded the jurisdiction of the tendency, which led to frequent conflicts of jurisdiction. The Hague Conference on Private International Law held in the Secretariat "in civil and commercial matters of international jurisdiction, recognition and enforcement of judgments" UNSCOM second meeting raise the concept of "jurisdiction to prohibit ". We believe that, in the network environment, the following should be banned on Jurisdiction.The third part is about the solution of the jurisdiction of the international civil under Cyberspace.(一)The principle of the Most Significant RelationshipThe introduction of the principle of Most Significant connection with the international civil areas addresses the issue of jurisdiction. Abandon its objective of the traditional mechanical approach, the objective signs in many of the judges under specific circumstances, to find a case with the Most Significant connection with the objective signs. Its essence is to soften the rigid traditional links, enhancing the flexibility of application of the law, or legal relations on the continuity of development. Well, on the issue of jurisdiction, we cannot only rely on to have strong regional connections, and should be applied with the case, which is Most Significant connection. In cyberspace, if the jurisdiction of the principle of relying on traditional unable to determine jurisdiction, or to establish the jurisdiction not be helpful in protecting the rights and interests of the parties, then we will not be able to machinery, rigid application of traditional jurisdictional principles, this time, we can consider other factors connected, and is a representative at the connection point.(二)The principle of Forum Non ConvenienceThe function forum non convenien is to address the result of the Court of Appeal arising from the trial of inconvenience, Fully taken into account the personal interests and the public interest. Not to the plaintiff's choice of jurisdiction as the determining factor, but the actual merits of measuring a variety of factors, one case of a final decision of attribution is in line with the modern requirements of the international community. Forum non conveniens in their own unique international coordination to eliminate the value of the system by expanding the jurisdiction of the adverse consequences. Faced with an increasingly complex network environment and a possible network of violent conflicts of jurisdiction, the principle of reasonable distribution of international affairs, and safeguarding the integrity of Network World has a very practical significance inconvenient court cases and theory at the same time stressed that the Court should have jurisdiction close contact.(三)The Principle of the Autonomy of WillOne of the basic principles of international Civil Litigation is principle of the autonomy of will of the parties. Autonomy of the rights-based, free will was fully so that the main private law can be equal to the maximum under the conditions of the pursuit of interests, and to promote the safety of transactions and lower transaction costs. The parties in accordance with their own choice of the law applicable to foresee the consequences of the law, to avoid the blindness and uncertainty, and safeguarding the stability of the legal relationship will help the court to resolve disputes quickly determine the applicable law, and faster settlement of disputes. In cyberspace, jurisdiction and the jurisdiction can be determined by agreement; the agreement reflects the jurisdiction of the area of private autonomy principle is generally recognized by the international community and adopted a principle. The principle of expanding the network, the global network of non-territoriality of the characteristics can be regarded as a reasonable, effective and important principle of jurisdiction.(四)The principle of coordination of international civil jurisdictionsTo solve the problem of jurisdiction under cyberspace of the International Civil Litigation, the key lies in the jurisdiction of the Court the international coordination. Objectively speaking, the characteristics of the global network for development, and also enable countries to cooperate with each other and support each other inevitable. To mediate networks of disputes through the unified law is the most important and effective means. We need to strengthen inter-country cooperation to the international legislation.