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Foreign Civil Jurisdiction System In The Internet Environment

Posted on:2007-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiangFull Text:PDF
GTID:2206360185450683Subject:International Law
Abstract/Summary:PDF Full Text Request
Foreign-related civil jurisdiction is an important institution of the international civil procedural law, because it influences directly the judicial sovereignty of a country, the law applied in a case and the final judgment. And the base of the jurisdiction is a basic aspect of the jurisdiction institution. In the process of the development of the Internet and its related industries, foreign-related civil and commercial activities through the Internet have been flourishing and the related cases are growing rapidly. The Internet has the characteristics of globalization, non-realization, interaction and non-centralization. Therefore, it greatly challenges the bases of jurisdiction, such as the personal bases and the territorial bases. Such bases of jurisdiction can't be used any more. How to change or develop the traditional jurisdiction institution is the purpose and topic of this dissertation.The comparative research method and the historical research method are used in this dissertation. The dissertation is composed of three chapters. The first chapter discusses the topic of the challenge to the foreign-related civil jurisdiction aroused by the internet. It shows that the traditional jurisdiction bases have been seriously influenced and they face difficulties in deciding the jurisdiction in the cases relating the internet. The second chapter is about the development of the foreign-related civiljurisdiction in the condition of internet. The study focuses on the theory and practice of the Long-arm Jurisdiction in U.S., the Doctrine of the Most Significant Relationship and the Doctrine of Autonomy of the Parties. All of them can be applied to decide the jurisdictions in the cases connecting internet. However, some problems must be paid attention while using them. The final chapter analyses the present situation of the legislation and administration of justice in the field of foreign-related jurisdiction on internet in our country and puts forward a proposal about the perfection on the issue of legislation.
Keywords/Search Tags:Internet, Foreign-related Civil Jurisdiction, Long-arm Jurisdiction, the Doctrine of the Most Significant Relationship, the Doctrine of Autonomy of the Parties
PDF Full Text Request
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