Internet Infringement Cases To Civil Jurisdiction

The internet after it appears has the immediate and rapid development, now network has penetrated into every field of social network space, originated in the infringement disputes are increasing. The globalization of space and internet virtual sex broke traditional jurisdiction of uncertainty and relevance of the rules of jurisdiction in the use of traditional court to solve the network space appears when facing difficulties cases of infringement. The traditional rules of jurisdiction in cyberspace impact and inevitable require new rules of jurisdiction to deal with. Internet space for the construction of rule of law is an important part of the tort liability issues on the internet. The problem is so complex that it offers new challenge to the principles of traditional jurisdiction. It is necessary to study it. Using the existing legal resources and international organizations and the developed countries (regions) of experience, is to perfect the law of tort liability on the internet. China's current network tort jurisdiction is basically to the traditional theory in order to adapt to the development of science and technology, especially the rapid development of Internet technology, our country should need in the original jurisdiction on the basis of the principles of international and advanced selective absorption of the national network tort jurisdiction system and modify and develop, continuous improvement and development of China's civil jurisdiction system for the new network industry to create a good, sustainable healthy development of the macro environment. In addition to this introduction, the body can be divided into four parts:The first part is about an overview of Internet infringement. It's divided into two aspects, first, introducing Internet features, such as global or borderless, non-centralized management and existence of an objective; second part describes the cases of infringement on the Internet features, such as the tort is difficult to determine, tort consequences of rapid expansion, but so difficult to determine the scope and difficulty.The second part is about traditional international civil jurisdiction. From the civil law and common law - the jurisdiction of the rules analyzing cases of infringement on the Internet and the traditional legal rules governing the impact. These include a global network of traditional territorial jurisdiction of the impact of cyberspace to the traditional "tort to" the impact of such rules.The third part is about internet infringement cases and theoretical comparison of legislative jurisdiction. Establishing the Internet from the jurisdiction of the theory of infringement cases, this paper introduces three kinds of views and on the jurisdiction of any domestic judicial practice, the practice of the United States, Europe, "Consumer Protection priority" mode and the draft Hague Conference on Private International Law.The fourth part is about China's internet infringement cases on the judicial practice and possible countermeasures. It introduced in China on internet infringement cases and judicial interpretation and construction defect cases of abuse on the Internet of five rules under the jurisdiction of exploration.