On The Right Of Jurisdiction Of Network Infringement Cases

The rapid development of network technology has completely eliminated the hindrance of geographic space. People’s daily life, study and work, and business are becoming more and more dependent upon network. The new characteristics of network conflict with the traditional legal concepts. Thus, people have to make new rules to solve these new conflicts between them in communication. The determination of district jurisdiction is undoubtedly the first, and also the most direct, problem arising from the unbounded space of network. In practice, network infringement is accidental and at will because network is global, virtual, and non-centralized. It has brought out a series of challenges to the traditional principle of determining the jurisdiction. Therefore, it is necessary to reflect on all aspects of the right of jurisdiction, to analyze network’s impact on the theory of the procedure law, and to seek the new theoretical grounds and new means of operation. The thesis attempts to seek the solutions on the basis of the traditional principle jurisdiction of infringement litigation and in accordance with the specific features of network technology. It proposes that the court of the place where the accused has a domicile or the court of the place where the infringement is committed has jurisdiction over the cases of network infringement. In addition, the place where the network infringement is committed should be divided into the place where the infringement is committed and the place where the result of the infringement took place. It also suggests that the agreed jurisdiction should be adopted in determining the jurisdiction of network infringement cases. This thesis begins with the challenges and shock of network infringement cases to the traditional theories of the right of jurisdiction, makes a comparative study of the right of jurisdiction, and puts forward suggestions on improving the legislation of the right of jurisdiction of network infringement cases based on the analysis of the district jurisdiction of these cases in China.