The Jurisdiction Of The International Network Infringement Cases Studied

The development of science brings us into the age of Internet. The rapid improvement of Internet influences our society in all aspects, and severely impacts the traditional principles of private international law that takes the physical space and time as the basis because of its characteristics of globalized,hypothesized,un-centered management and unbounded. The hypothesized space widely extended enables the private international law changed dually on the time and the spatial.In the area of international private law, the characteristics of network have brought the enormous impact on the traditional jurisdiction theory and the practice. The jurisdiction that takes the physical space as majority foundation facing significant challenges. The problem that how to determine the jurisdiction is waiting for being solved urgently. And penetrating through the technology or the system stratification plane, it may sum up as the Internet to the jurisdiction the challenge. If said that the challenge is brought to private international law by Internet, in fact it may sum up as the competition for jurisdiction that the space and time transformation brings, and that is the essence is at. The scope of jurisdiction exercises also has to open up when the modern science and technology makes the global exchange become easy and feasible. If the jurisdiction has been used improperly, the excessive jurisdiction is inevitable and it's convinced that the enthusiasm of using Internet could be bruised seriously. What's worse is that the litigant's benefit cannot obtain the practical protection.The purpose of author studying on this problem under the circumstance of Internet is to settle the quandary both in theory and practice caused by Internet in the international jurisdiction. The whole article is divided into three parts:This article first takes the "Case of Yahoo" as a breach and then analysis the impacts that the Internet infringement brings to the traditional jurisdiction principles revolving this case. It pointes out that the Internet infringement has brought the confusion and vacillate the foundation of the traditional jurisdiction standard. Correspondingly, some theories that deny jurisdiction of a country arising at the historic moment—"New Sovereignty theory" and "Relative Sovereignty theory" and so on. The writer of this article analyzes the advantages and disadvantages of these theories by combining the "Case of Yahoo" and point out the defects of theirs.In the next part of this article ,it makes some research on US's judicial practice such as "the long-arm jurisdiction" and "additional activity "by using the method of connecting theory and practice following closely in order to refines some feasible procedure and instructs our country's judicial practice.Finally, this article introduces the legislation and jurisdiction practice of our country and analyzes problems by combining the present development of Internet industry and the trying situation of Internet case. And makes a summary on the defects of our county's jurisdiction practice. It is points out that the judicial practice should makes considerations about several connection factors on the base of analyzing and summarizing the practice and theory. This article holds that the court should perform the jurisdiction according to the special details of the case. In this part, the intent is to concentrate on practical applications in order to search for the standard and method that is suitable for our country. Ultimately, the writer put forward some shallow advices on consummating the jurisdiction principle of our country such as dealing with the factors with flexibility and using the principle of "inconvenient court" and so on.