Research On Jurisdiction Concerning Internet In Private International Law

When we enter the new century, what we are most proud of is the occurrence of computer and Internet. The rapid development of Internet brings a large number of opportunities for economic development and social progresses. As the Internet brings us efficiency, however, it also adduces puzzles to the law. One of the puzzles is the attack to international civil case jurisdiction.International civil case jurisdiction has direct relation with the exercise of national sovereignty. It also has great impact on the appliance of law and the result of judgment. As a result, International civil case jurisdiction is always the focus in international civil procedure. Before Internet comes into wide use, there is already a complete system to determinate international civil case jurisdiction. Traditional international civil case jurisdiction is decided by territorial basis, personal basis and agreement basis. However, the feature of Internet such as globalization, intangibility and non-center makes the traditional international civil case jurisdiction be subject to tremendous challenges and strikes. Internet challenges the exercise of national sovereignty, influences the basis of traditional jurisdiction and makes the forum shopping phenomenon more serious. How to determine the Internet jurisdiction reasonably and availably is already an urgent problem in international private law.Facing the challenge of Internet to traditional national civil case jurisdiction, in theory field, a great number of scholars try to get rid of traditional jurisdiction rules. They prose kinds of independent jurisdiction theories about Internet. New Sovereignty Theory, which claims transfer of sovereignty, advises to give Internet autonomous organization the independent jurisdiction to cyberspace. So the jurisdiction can be determined and realized through autonomous rules about Internet. Jurisdictional Relativism Theory, which is based on Internet technology, hopes to settle jurisdiction problems by using technology. On the basis of nationality, International Space Theory believes that the cyberspace should be regarded as an international space with special legal status and it's nationality that is the base of jurisdiction.Different from the new theories raised by scholars, in reality, the countries are inclined to extend the traditional jurisdiction rules to Internet, giving traditional rule new vitality. As a country owning the most mature Internet technology, the United States applies the"long-arm"jurisdiction principle to network. It determines jurisdiction by analyzing the"minimum contracts"about web address. Canada adopts"the closest contracts"principle. It analyzes the physical space such as residence or office location, thus judging whether the party and court have"true and substantial contracts". The Australia is more careful. It controls its own jurisdiction by carrying out"forum non convenience"doctrine.In a word, although the jurisdiction problem of Internet is subject to extensive attention, so far, the global society hasn't reached a consensus. There isn't a widely accepted standard. Scholars claim kinds of theories; meanwhile, every country uses different methods. It can be said that determining the Internet jurisdiction is still on quest stage. On this background, a new system which adds plaintiff location as a new jurisdiction basis, emphasizes agreement principle, values forum-non-convenience doctrine and strengthens international coordination and cooperation has important meaning to settle the Internet jurisdiction problem.The Internet develops quickly in our country. However, our legislation about Internet lags behind and the judicial experience is deficient. This situation makes us suffer from great hidden defects to the coordination of international civil case jurisdiction and the development of Internet. In the new system, improving our traditional jurisdiction rules, perfecting agreement rules, applying forum-non-convenience doctrine and strengthening the cooperation between our country and other countries are meaningful to the perfection of Internet jurisdiction and the healthy development of Internet.