The Network Of The Proceedings Of The International Civil Jurisdiction

The international civil jurisdiction system is one of core contents in the civil procedural system. But the cyberspace causes the traditional civil jurisdiction rules to be faced with a difficult position in the civil litigations involving Internet. This thesis is for the purpose of revealing the impact of the cyberspace on the traditional civil jurisdiction system, then analyzing and comparing the theoretical and practical use of civil jurisdiction rules concerning the civil litigations involving Internet in the major countries of the world, and on that basis, proposing suggestions for structuring and improving the civil jurisdiction system concerning the civil litigations involving Internet by considering the present legislations and practices of China.The thesis is divided into four parts. The first part of the thesis analyzes and compares the characteristics of the connecting factors in the traditional civil jurisdiction rules and the differences between the physical space and cyberspace. Then the author reveals the difficulties that the traditional jurisdiction rules are faced with in the civil litigations involving Internet. The second part of the thesis analyzes the civil jurisdiction rules concerning the civil litigations involving electronic contracts in the major countries of the world. The author will discuss that from the aspects of B-B contract and B-C contract and analyze relevant cases, laws and theories. On that basis, the author will compare the similarities and the differences among the rules and find out the defects and advantages of each rule.The third part of the thesis analyzes the civil jurisdiction rules concerning the civil litigations involving cyberspace tort. The author will analyze relevant cases, laws and theories about the rules. On that basis, the author will compare the different rules and find out the defects and advantages of each rule.The third part of the thesis analyzes the legislations and practices of China in the jurisdiction system concerning the civil litigations involving Internet at first. Then the author summaries the theoretical and practical experience of major countries and proposes suggestions for structuring and improving the civil jurisdiction system concerning the civil litigations involving Internet by considering the domestic conditions of China.This thesis hopes to play a positive way to the improvement of Chinese civil jurisdiction system concerning the litigation involving the Internet by deliberating the foreign legislations and cases which are suited to the development of Chinese cyberspace and e-commerce.