Juristic Issues Of International Civil Jurisdiction In Cyber Space

The international civil jurisdiction system is one of core contents in Private International Law. However, the characteristics of Internet such as non - realization, globalization, non-central of management, has brought the traditional civil jurisdiction rules into a difficult position in the civil litigations involving Internet. This thesis is aimed to reveal the impact of Internet on the traditional civil jurisdiction system, analyze and compare the theoretical and practical use of civil jurisdiction rules concerning the civil litigations involving Internet in the major countries and International Organizations of the world. More importantly, it is to provide suggestions for structuring and improving the civil jurisdiction system concerning the civil litigations involving Internet by analyzing the present legislations and practices of China. The thesis is divided into three chapters. The first chapter introduces the characteristics of Internet and the difficulties they bring to the traditional civil jurisdiction rules when being applied to the civil litigations involving Internet.The second chapter analyzes relevant cases, laws and theories about the rules in the major countries of the world and on this basis, the author will compare the different rules and find out the defects and advantages of each rule. With the main clue of long-arm Jurisdiction theory, the author reviews several important cases in USA, and obtains the conclusion that long-arm jurisdiction theory can basically settle the jurisdiction problem in international civil case. And then, the author gives discussion on the juristic practices of Germany, Australia, the two countries are basically protest the extension of jurisdiction. However this practice goes against the development of Internet. The European Union specially emphasizes the protection of the consumer. This is valuable experience for us. And Hague Conference on Private International Law has always being committed oneself to the unification and coordination of Private International Law. HCPI has conducted many International conferences with the theme of solving jurisdiction problem in international civil case concerning Internet. It does contribute to the international coordination which China should take into consideration. Chapter Two also analyzes the feasibility of using ISP, website and visit as the base of the jurisdiction. The author agrees that because the stability of both time and location as well as the close connection with the precinct, both ISP and website can be used as the base of the jurisdiction. However visit can not be the base because of the lack of the above conditions.The third chapter analyzes the legislations and practices of China in the jurisdiction system concerning the civil litigations on Internet. Then the author summaries the theoretical and practical experience of major countries and proposes suggestions for structuring and improving the civil jurisdiction system concerning the civil litigations involving Internet by considering the domestic conditions of China. The author suggests that China should insist on supplementary legislations principle, maximum freedom principle and global-viewpoint principle. Based on the domestic conditions of China, taking the foreign experience and international coordination into consideration, by reforming and perfecting the traditional jurisdiction theories, China can build up an appropriate jurisdiction system concerning the civil litigations on Internet.