Research On The Jurisdiction Of Foreign Networks Infringement

Over the last decade, the Internet has exploded, making our world smaller. The touch of a few keystrokes enables people to communicate, online shopping, music-sharing, exchanging photographs, and interact with others around the world. Also, these everyday activities have the potential for creating groundbreaking litigation. Cyber-tort is quite different from the traditional tort. The novel feature of cyber-tort makes a challenge to the traditional jurisdiction. Unlike traditional jurisdictional problems that might involve two, three, at most four or five conflicting jurisdictions, in cyberspace we will have more conflicting jurisdictions. And in cyberspace, jurisdiction is the overriding conceptual problem for domestic and foreign courts alike. China, as the biggest developing country, has the greatest population of internet users in the world. There is a growing number of cyber-tort cases happened in China. But now the theory and practice of internet is scanty, especial in legislation on cyber-tort jurisdiction. For one thing, we can learn experience in exercise jurisdiction from developed country; for another, we should attend the international conference and negotiate a treaty which resolves international jurisdictional problems. However, although this solution may be the only way to harmonize the different jurisdictional approaches, the negotiation and compromises required seem unlikely to occur in the near future.