Territorial Jurisdiction Of Network Infringement Disputes

The question of jurisdiction is always the most important thing when the court solves the cases. Only when choose the correct court, we can guarantee the fair and just results. In "People's Republic of China Civil procedure law" the 29th stipulation, Infringement suit should be accepted by the Abuse of authority court or defendant residence court. Tort spot includes the place where the infringement acts take on and the place where the infringement results take place. Our legal system has formulated the jurisdiction of traditional infringement clearly, but facing the new problem of internet infringement, we cannot copy the related Stipulation completely. With the development of economy and technology, internet's appearances make people's life convenient largely, meanwhile the infringement acts which by means of the internet also bring the challenge for current law system which is the important method for adjusting social life. Globalization as the character of the internet makes people contact with each other at home, and maybe hurt somebody. However, the Hypotheses of the users make hard to find the right person to take on the responsibility. So, when the network gives our life convenience, it also causes us guard against our right difficultly. Moreover, the non-boundary of network also caused the tradition the basis which exercised as the determination jurisdiction to meet the unprecedented difficult position suitably by the region. The full text is divided into four parts. First, analysis the concept and character of the internet, the character of internet infringement act, and the cause of internet infringement act. Second, discuss the impact which the internet infringement act caused to the traditional region jurisdiction system. Third, research the process of Domestic and foreign theorists and practical area to this new question. At last, on the basis of analyzing this problem, combining with our country's present fundamental realities and the level of science and technology, proposes some Target-oriented conceptions. I wish these conceptions can contribute to our legal system, the government can release the related laws and regulations as quickly as possible, and the internet infringement can be integrated into the socialist legal system soon.