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Region Jurisdiction Of Internet Infringement

Posted on:2008-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:S W FanFull Text:PDF
GTID:2166360242955662Subject:International law
Abstract/Summary:PDF Full Text Request
The rapid development of Internet has successfully promoted economical development and social progress all over the world. However,The network is a blades sword, at the time of bringing huge opportunity for the human being society, also adducing tough problem for us. Sues at the civil action, we face one of important questions is : The instruction tradition right infringement sues region jurisdiction rule in network right infringement case still was whether suitable? How revises, the renewal and the supplement in the existing legal order and adapts the cyberspace cyberspace characteristic? This article analysis the infringement's impact which brings for the traditional jurisdiction foundation,and points out the reasonable aspects and the unreasonable aspects of jurisdiction theory of relativity. Analysis appraisal advanced countries practice and proposes to some ponders.In final, Proposes some suggestions to our country network jurisdiction legislation.The full text altogether divides into five chapters:First chapter analysis infringement's characteristic:body's hiding and complex, place instability, harm consequence instantaneity, This for the article behind content elaborated has prepared the theory upholstery. Second chapter elaborates the traditional international people trading right infringement jurisdiction determination foundation,then discusses impacts to the international civil jurisdiction.Third chapter Introduces the international law educational world proposed several kind of network right infringement case jurisdiction new pattern. In analyzed in the theory pattern foundation regarding on international take US, European Union, Canada, Australia has carried on the research proof as representative's network jurisdiction practice.Fourth chapter elaborates the author regarding the consummation network right infringement case jurisdiction ponder. First to on international carries on the analysis about the network abuse of authority judicial jurisdiction conflict reason, then has inquired about the network right infringement case jurisdiction foundation. In through to the defendant after, the plaintiff locus, the abuse of authority, the website, the website memory address, closest jurisdiction bases and so on relation, visit, server carries on the analysis, has drawn the conclusion.Finally proposed own position to our country in the network right infringement case jurisdiction question.
Keywords/Search Tags:Network, Infringement, Jurisdiction
PDF Full Text Request
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