The Territorial Jurisdiction Of Network Tort

Today is a society of information, a world of Internet. As computer popularize day by day, Internet deeply influences our life style. The flouring development of internet has brought about much convenience to our life, while at the same time various kinds of related legal questions come out one after another, especially the question of Internet territorial jurisdiction. This is the dissertation on research of how to confirm the jurisdiction of Internet infringement. The dissertation starts from the concept and nature of Internet traditional, analyzes the challenge of Internet infringement over traditional jurisdiction, several new theories putting forward internationally, together with Chinese judicial practice, so as to accumulate experience to solve this problem for our country.The full text is divided into three parts except preliminary remarks and conclusion.Preliminary remarks starts from opportunity and challenge posed by Internet infringement on traditional standard of infringement jurisdiction to educe thesis, establish ways and levels of reasoning, point out meaning of thesis.Chapter one starting from the characteristics of Internet such as its non-territoriality, concealment, objectivity and so on, discusses the characteristics of Internet infringement such as facility of carrying out, complex and conceal of main body, special of object and so on, points out huge impact on legal order. In judicial practice of civilprocedure, a tough question was produced as whether the traditional rules of territorial jurisdiction for infringement apply to the cyberspace? It does a basic discussion to these in the hope of practice finding out the ins and outs of the question.Chapter two analyzes several new theories put forward internationally, including new sovereignty theory, relative sovereignty theory, website's locus theory, location of Internet Content Provider theory, plaintiff's residence theory, technical norms theory, theory of "minimum contact", most of which advocate that we should reject the traditional rules and create totally different regulations. It compares the similarities and differences of theories of jurisdiction on Internet infringement in order to offer reference for the development of it. Together with Chinese judicial practice, it construes the two newly issued judicial interpretations and has detailed comments on them.Chapter three is the core of this dissertation, based on fully the above mentioned rules and practice, puts forward views and suggestion. 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 infringement for our country.Epilogue based on full text works out brief conclusion.