Network Infringement Of Jurisdictional Issues

The development of the internet has brought about much convenience to our life and has deeply influenced us. Internet infringement, however, as the negative effect of the internet, has also caused much trouble to us. How to provide judicial protection to the injured person and reduce internet infringement has become a hot issue, arousing the universe attention of the people. The determination of jurisdiction, as the first step of internet infringement lawsuit, is therefore the initial problem to be solved as well as one of the core issues.The dissertation analyzes the challenge of internet infringement over traditional jurisdiction, points out the irrationality of the new independent jurisdiction theory, analyzes the advanced countries' jurisdiction practice, so as to accumulate experience for our country's solving of this problem.The full text is divided into five chapters:Chapter One starting from the birth and development of internet, discusses the characteristics of internet infringement such as its non-territoriality, concealment and objectivity and so on. It then makes a study on the reasons of the frequent occurrence of internet infringement and maintains that the country should use its public power to control the infringement and to provide legal remedies to the injured person.Chapter Two analyses the challenges posed by internet infringement on traditional standard of infringement jurisdiction It also analyzes the new independent jurisdiction theory—new sovereignty theory and relative sovereignty theory, and discusses the rationality and indispensability of state jurisdiction.Chapter Three deliberates the practice of developed countries with respect to internet infringement jurisdiction. Among the practice, America's practice is the most important. This chapter makes analysis on large cases of America as well as those of Canada, Australia, Germany and France, and based on the analysis, put forward some new jurisdiction standards.Chapter Four explores the reasons of jurisdiction conflict from the international aspect, and give some principles to settle these conflicts.Chapter Five elaborates the practices and relative legislation of China.The dissertation, based on the analysis on relevant theories and practices, holds the opinion that it is necessary to take into consideration all connecting factors and choose the suitable proportional jurisdiction court according to the concrete condition of the case.Since internet technology develops so rapidly and judicial practice in this field lags far behind, in view of the current theory and basis, it is impossible for us to legislate expressly on internet infringement jurisdiction. We can only accumulate experience and make our legislation gradually. We should pay more emphasis on international cooperation, as well as on the interrelationship of law with other social norms especially technological norms.