On The Jurisdiction Rule In Network Tort Cases

With the(?)e internet technology,the internet is affecting all aspects of our so(?)nishing speed,and it has already been becoming an indispensable part in o(?) life,leaving us a cosy and convenient experience.At the same time,it has also br(?)ught about a train of legal issues such as cyber-squatting infringement of copyrights and hacker tort.Unlike the space-time structure of the physical space,Cyberspace is global,virtual,objective and interactive,thus bringing unprecedented difficulties and challenges to the traditional civil jurisdiction.With the increasing of internet tort action,it is important and urgent to determine the jurisdiction. How to reduce the Internet tort has become a hot issue.This thesis just focuses on the topic.Basing on the introduction of the characteristics of the cyberspace and internet tort,it analyses the depict to the theory on the traditional jurisdiction put forward by internet tort.Then it makes a comparison on the theories and practice among the western countries.After that it puts forward some effective and feasible suggestions to perfect the relative regulations according to the legislation and judicial practice of our country.In addition to the foreword and conclusion,the body is divided into the following four parts:Partâ… mainly talks about the chanllenges to the traditional jurisdiction brought up by internet tort.It begins with the introduction of the cyberspace's characteristics (virtual,objective,global,non-centering,interactive),and then compares the differences between the characteristics of the linking factors in civil jurisdiction regulation and of the ones in cyberspace;then analyses the challenges to the standard to determine the traditional jurisdiction. Partâ…¡studies the theories and judicial p(?) introduces the latest internet jurisdiction theory especially(?) "minimum contact" principle,and then makes a comment on the(?)r that,it turns to the internet theory and practice of our country,(?)e analysing the deficiencies in two judiciary in relation to internet to(?)by People's Supreme Court.Partâ…¢expounds about the identification of internet tort.In this part,it analyses the challenges,brought up by the internet tort,to the Locus Delicti theory which determines the traditional jurisdiction.And then it focuses on the application of the Locus Delicti junction in the internet tort cases.Partâ…£sums up the above analysis and puts forward some tentative suggestions in order to perfect our relative regulations on internet tort jurisdiction.It gives a brief analysis of the principle to determine internet tort jurisdiction,and points out the determination of internet tort jurisdiction cannot break away from the traditional theory on tort jurisdiction,however,the traditional theory should be optimized in order to adapt the needs of the network regulations.Then according to our cyberspace,it brings forward some suggestions to perfect the regulations on internet tort jurisdiction.