Research On Juridiction Of Internet Tort Cases

The rapid development of information technology is profoundly affecting and changing human life, especially the Internet. With its amazing development-speed and great influence on many aspects of human life, as a real-world'extension and expansion, the network is not only an information exchange tool, and has gradually evolved to human survival mode. However, because the network is virtual and borderless,it makes human life convenient and efficient while it also brings a number of more complex social and legal problems to be solved. The dilemma between civil jurisdiction and application of the law caused by Internet infringement cases is one of the class. This article is about the conflict on traditional basis of the jurisdiction caused by the dilemma between civil jurisdiction and application of the law.It is talking about the jurisdiction of Infringement cases on the Internet to promote the study of the problem. The full-text includes five sections.The first part introduces the concept and features of the network infringement. The Internet infringement is that Internet users and Internet service providers violate the national interest, collective interest or other people's civil rights,and should bear the appropriate civil liability act. Network scope of the infringement is different from that of the traditional private law, it does not refer to a specific rights infringement, but all infringement occurred on the Internet. Compared with the general tort, network tort has the following characteristics:implementation of the network infringements is simple, the subject and conduct of the infringements is difficult to determine, and the damages spread quickly.The second part is about the difficulty of the traditional jurisdiction basis caused by the Internet infringements. First it introduces the traditional jurisdiction basis. Because the network space is global and virtual, Network Infringement has caused the traditional jurisdiction to dilemma. In order to effectively deal with such problems, many scholars has proposed different interpretations of the theory. They are:taking addresses as a new jurisdiction, jurisdiction relativity,the theory of never taking tort as the jurisdictional criteria, server location jurisdiction theory, technology priority jurisdiction theory.The third part is about the exploratory practices by countries like America, which is advantageous in the jurisdictional conflicts of the network infringement. The USA in judicial practice takes minimal contact principles as the legal basis of jurisdiction in network infringement, the principles derived from the International Shoe Co. v. Washington State in 1945, the minimal contact principles adopt a judgment standard with combination of interactive and passive way, which is flexible and feasible. At the same time, this part also describes several types of network-litigation settlement of disputes:customer complaints online services, online negotiation and mediation, conciliation and arbitration online.The fourth part is about the international jurisdiction of the network infringement case. Different law countries in application of the law in the jurisdictional issues of network infringement have different standards. In order to ease the conflict, many scholars seeked to promote the mitigation mechanisms and coordination mechanism for such problems. Because there is no unified legislation under the jurisdiction of network internationally. The principle of forum non conveniens is the important standard for escalation of the conflict. At the same time, for the international coordination mechanisms of the network tort jurisdiction, the main emphasis is on the coordination between different countries, which should follow lawful and reasonable principles, effective and convenient principles, the principle of judicial comity and-international cooperation principles.The fifth part takes the legislative status of the network tort jurisdiction in China as a starting point, and talks about the system concept from the flexibility and openness to the network development and the enhanced network tort jurisdiction rule. The article also has put forward a legislative proposal for application of the law of the network tort jurisdiction.It stresses that the applicable rules should pay attention to the balanced interests and maintain national interests, and also in view of the inherent property of the own choice of law in network tort, it can be considered a special kind of infringements. It sets aside an appropriate space for the solution to the conflict of jurisdiction over tort cases of the network.