Perfect Domain Name Rights Legislation In China Is Envisaged

With the development of internet around the world, the problem concerning the right of domain name becomes important issue. Chinese government has made a couple of laws towards this problem, such as Provisional administration of Chinese internet registration and Solution to the dispute about Chinese internet domain name. However, these laws are scattered and lack of systematization, as a result, in practice we are still puzzled by no laws to depend on. Therefore, the comprehensive study about the problem of the domain name has a great theoretical and practical significance on the perfection of the law system and content.By using historical, comparative and specific analysis this thesis conducts a comprehensive analysis towards the theories and practice of the problem of the domain name.This thesis is composed of four main parts except the chapters of preface and conclusion.The second chapter lists the general introduction of the right of the domain name. Based on different theories on the concept, characteristics, structure, classification, value and nature of right of the domain name I point out my view: it should be protected by the law of property rights. In addition, I list the whole process of the development of it.The third chapter lists the legal regulation of China-foreign domain name. The regulations of international organizations: NSI, WIPO and ICANN and the content and regulations of France, Germany and America and the laws of China are listed which has significance to our country by analyzing these.The fourth chapter I list the problems and forming causes in China's law of the right of domain name. I analyze during course of registration the examination is not severe and grabbing famous brand, business entity of good enterprise. At the same time the cause of the formation of the international legislation, management, technology and moral is analyzed.The fifth chapter is the assumption of perfecting our country's law of right of domain name. The first part is to perfect the system and content of legislation and propose the specific assumption of revising the brand law and working out the law of internet. In the perfection of content I put forward concrete assumption such as setting up a domain name registering searching system, improving legal status of domain name right people, perfecting domain name disagreement system, perfecting Chinese registration of domain name and the regulation of technology. The second part is perfecting the approach of the enforcing the law and abiding the law of China's right of domain name and putting forward the ways of legal action, arbitration and compromise settlement. On the other hand, the setting of specific organization to handle the dispute of domain name, the strengthening the construction of internet moral in order to cutting down the dispute of domain name are suggested.