A Research On The Legal Question Of Domain Name

With the advancement of society, the Internet has become the biggest influenceon human life. Domain name came into being with the development of the Internet.People when browsing the web, they are first exposed to the network domain name. Itoffers us access to our needed information in the most direct and efficient manner.The Internet is open to commercial use, and then network domain was endowed withcommercial value. Its economic interests are becoming increasingly prominent, somuch so that there even appeared tradable domains on dedicated web sites. In judicialpractice, legal disputes on network domain name registration and network domainname use are emerging in a large amount and have become the focus of people'sattention. The development of such technology brings new problems to traditionallegal system. The present thesis mainly deals with the legal protection of networkdomain as its central issue. Through comparing the similarities and differences of thislegal problem in various countries, and a dialectical analysis the mainstream opinionson this legal problem, the present thesis argues that it is necessary to re-consider thelegal issues of network domain name for more reasonable judgment and legalregulations so that fairness and justice could be maintained in a more rigorous, moreconvenient manner, thus maximized social value could be achieved.Taking the development of network domain name and its influence on socialreality as a point of departure, the present thesis first gives a detailed analysis of theconcept of network domain name, its characteristics, its generation and developmenttrend, and summarizes the significance of the protection of the network domain name;then makes a comparison between the legal protection system and the design of lawsand judicial practice among international organizations and the United States andChina on the specific legal provisions about the network domain; and by combiningour legal provisions about the network domain with legal practice, the author makes asummary and analysis of the existing legal problems of the protection of the networkthe domain name problems; and through a contrastive study of Chinese scholars'different theories and comments on the legal protection of the Internet domain name,the present thesis provides a discussion on the advantages and disadvantages of thedifferent theoretical perspectives; finally, based on such a comparison of the differenttheories on the legal protection of the network domain in our country, the presentthesis offers some suggestions on the existing legal issues, from aspects such as legal system, technology, legislation and so on. It is hoped by the author that a perfectsystem of legal protection of the network domain name could be established tocoordinate and deal with the related legal issues of the domain name and other legalrights issues of network, and to realize the benign development of the networkdomain.Legal problems of the Internet domain name have always been the focus offrontier legal theory with various schools of theoretical perspectives. The presentthesis begins with the existing problems of the issue and adopts a comparative methodto investigate the legal protection of the network domain name; based on an analysisof relevant theories of the legal experts and scholars, the present thesis puts forward adiscussion of independent protection legislation of the network domain. It is theauthor's conclusion that it is necessary to realize a systematized complete protectionof the network domain, but currently establishing the right of the network domainname is still a premature idea.