Research On The Jurisdiction Of The International E-commerce Tort Cases

Along with the network economy development, information age approaching, Internet is bringing the brand-new way by the brand-new appearance for ours life, not only its arrival has provided the massive useful informations for the people, moreover for aspects and so on people's study, work and life has brought the enormous convenience. But at the same time, revolves the case which the Internet occurs specially is the international electronic commerce right infringement case also along with it massively emerges, proposed the new task for the judicial theory and the practice. Because Internet oneself has global character, hypothesized characteristics and so on, transnational, polytropism, freedom as well as originality, in the private international law domain, causes the traditional private international law all to be under the very big impact in many aspects, in particular it vacillated the traditional right infringement case jurisdiction foundation. The international people trading jurisdiction not only is a country court can try to touch on foreign affairs related the people trading case premise, also is the court decision obtains the acknowledgment and the execution essential condition in the foreign country. Solves the international people trading jurisdiction is not only properly defends the national judicature sovereignty the need moreover to relate our country citizens, whether the legal person and even the national people trading rights and interests obtains, the effective protection promptly. The international people trading jurisdiction indeed determines the nature of to the court exercises the judicial authority correctly, the effective addressing international people trading disputed, protects the litigant legitimate rights and interests, the promotion international economy contact carries on smoothly has the vital significance.In with the Internet related international electronic commerce right infringement case in, the jurisdiction question both proposed the challenge to the theory and to practice set the urgent request. The traditional abuse of authority place, factors and so on whether are litigant's residence, nationality suitable in the network, or new jurisdiction element of certainty whether possibly appears, these questions are the legal person who each touches the net can face inevitably, but these question finally solution both relies on by the theory research and is decided by the practice development.We should note, in Internet about the international electronic commerce right infringement case jurisdiction definite aspect, does not have one kind at present the standard which accepts generally for the various countries' institute, the case-law country and the written law country all has it from to become a body the rule, because simultaneously one of private international law main origins is a national law, therefore this article draws up from the legal angle, the union illustrative case, discusses some through the case analysis method to have the representative country network jurisdiction determination principle, found the solution by the time the method...