The Territorial Jurisdiction Of Network Infringement

Internet helps the information industry booming, while at the same time has huge impact on traditional morality and legal order. In judicial practice of civil procedure, a tough question was produced as whether the traditional rules of territorial jurisdiction for infringements apply to the cyberspace? There are several new theories put forward internationally, most of which advocate that we should reject the traditional rules and create totally different regulations. Based on the theory of "minimum contact", American courts also developed a number of particularized rules. This dissertation, starts from the impact by Internet infringements to the traditional jurisdiction, analyzes fully the above mentioned rules and practice. Together with Chinese judicial practice, it construes the two newly issued judicial interpretations and has detailed comments on them. The author's view in this dissertation is that Internet infringement is in essence the same with traditional torts. Traditional territorial jurisdiction, with some adjustments, can still apply to the cyberspace. Based on that, the dissertation tries to construct integral regulations of territorial jurisdiction of Internet infringements for our country.