Study Of Network Infringement Cases Jurisdiction

Interconnected net also refers to Internet which is developing at an amazing speed and entering into every respect of our life. The cases of Internet infringement happen frequently and main of them are the infringement of copyright, right of reputation, right of privacy, etc. Due to the nature of the internet, the jurisdiction of the Internet infringement is different from the jurisdiction of the traditional infringement. And it makes a challenge to the theory of the traditional jurisdiction. Combined with relevant theory, in this thesis, the writer made a demonstration analysis on current situation of jurisdiction of the Internet infringement of certain countries and proposed some advices to promote the practice of the jurisdiction of the Internet infringement of China. This thesis has about 25,000 characters with 4 parts as follows:In Chapter 1, the writer introduced the nature of the internet and the internet infringement. Internet has the nature of globalization, virtualization, interaction and freedom, non-centrality of administration, objectivity. For the purposes of this thesis, Internet infringement means the infringement of copyright, right of reputation, right of privacy and the infringement of the right of trademark and name through domain name, etc. The practice of Internet infringement has following natures:it is simple and convenient, it is hard to take evidence and find the person who commits the infringement, it is hard to certain the infringement, the outcome of the damage occurs immediately.In chapter 2, the writer discussed the challenge to the theory of the traditional jurisdiction made by Internet infringement and advices on some new theories. The Internet shocked a national judicial jurisdiction, made the boundary of the range of judicial jurisdiction vague, shook the traditional theory of lex loci actus and made the forum shopping more and more serious. The writer also analyzed the new theories including the theory of the relativity of jurisdiction and the theory of new sovereignty, etc.In chapter 3, the writer made a demonstration analysis on current situation of jurisdiction of the Internet infringement of certain countries, such as America, Australia, Canada and Germany. The writer focused on the use of American Long-arm theory in the cases of Internet infringement, furthermore, it including the legal status of website, rationality analysis on further activity theory, the value and limitation of the theory of sliding scale, etc.In chapter 4, the writer analyzed the legislation and judicial situation of the system of the jurisdiction of the traditional infringement in China, evaluated the role and value of the use of relevant judicial interpretation in actual cases and proposed some advices to promote the relevant legislation and judicial practice, which includes to soften the theory of lex loci actus, learn the experience of combination of the theory of sliding scale and further activity theory, learn Forum Non Convenience of Common Law System, strengthen the international coordination on jurisdiction of the Internet infringement, etc.