Research On The Dispute Jurisdiction Of Network Transnational Consumer Contract

This article is about the foreign network consumer disputes arising out of contracts involving international jurisdictional issues paper, the author in the text of impact caused by the current system of jurisdiction were analyzed, some of the emerging e-commerce jurisdiction theories and models in-depth discussions, trying to find out new ways to traditional rules of jurisdiction applicable in the network. In this paper, by drawing on harmonizing legislation and theory and international experience American judicial practice, we put forward its own jurisdiction on consumer contracts foreign network standard-some shallow thinking and suggestions in order to solve the problem of determining jurisdiction can help.This article includes a foreword paper consists of five parts, including:Introduction from the opportunities and challenges to the development of e-commerce to International Civil Jurisdiction System brings departure leads topic,establishing demonstration methods and levels, pointing out the significance of the topic;The second chapter on consumer contracts and consumer contracts Jurisdiction foreign networks were defined, and then from the perspective of the jurisdiction of its properties have been described and assessment, development of the Internet and the legal disputes caused by the challenge to the traditional system of jurisdiction do a simple discussion, in order to determine the central issue papers- international jurisdiction to determine the standards and principles of e-commerce research:The third chapter focuses on consumer contract focused on values, and the value of the jurisdiction of the requirements, the new theory of international jurisdiction to determine the emerging e-commerce and related presentations were made according to the new, and tried the basis of existing analysis extract a new theory on reasonable factors, to make perfect the jurisdiction of the pattern;The fourth chapter describes how to e-commerce standard reconstruct jurisdiction under the new situation. In order to make reference to the foreign network consumer contract, first author of the evolution of the traditional jurisdiction standard in depth reflection, we come to the importance of the "Contact" standard established in the jurisdiction. From the perspective of the international community to start the legislative and judicial practice, and combed the EU legislation important outcome ofthe Hague Conference on International Private Law, and e-commerce more developed standards and practices in the United States to determine the jurisdiction made an exposition focusing on the conclusion that study conclusions.Chapter fifth on Chinese legislation and judicial practice, a brief analysis by discussing the first four parts, the author proposes shut Chinese consumers resolve contract disputes Foreign Jurisdiction Some concluding recommendations.