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On The Civil Jurisdiction Over Chinese Electronic Commerce Disputes

Posted on:2014-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:X S SunFull Text:PDF
GTID:2246330398479116Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the rapid development of internet technology, e-commerce has become a new business model. For its low cost and convenience, the e-commerce is getting a more frequency use. And new problem also come with, to identify the jurisdiction of electronic commerce disputes is one of most important things between those questions. While identify the jurisdiction of e-commerce case is the precondition of accepting and hearing a electronic commerce case. So it is very important to identity the jurisdiction of e-commerce commodity. What is more, unlike tradition commerce, the e-commerce has its own characters. In the word of internet, the parties of trade may quite apart and even do not real existed. It is make it is more different to identity the jurisdiction of e-commerce commodity, which will block receiving of the case and highly related with the behalf of the different parts during trade. For the reason has referred above, to identify the jurisdiction of electronic commerce disputes has arouse many focus, some papers have been published to analysis this problem. But it still lacks of work to analysis this problem comprehensible. So it is worthy and meaningful to solve this problem.In this paper the true meaning of e-commerce has been introduced, and based on it, the e-commerce dispute is studied to get a general idea about e-commerce dispute. Then the status of identify the jurisdiction of e-commerce case in our country has been studied. Found that, due to its character of globality and have no certain central, the lactation of e-commerce cases happening is hard to identity. As in traditional commerce case, the dwelling place, properties and behaves of trade parts can be all used to identity the jurisdiction of electronic commerce disputes. But during an e-commerce dispute, the relationship between those elements and jurisdiction area became vulnerable even lost. Thus the laws which be used in traditional commerce cases may not suit for e-commerce case. On another hand, the internet is a word wildly net, the flow of information is uncertain. So where to let an e-commerce dispute be received has puzzle a lot of people, which also is the most important character of internet relative case. Those challenge show that is high time to solve the problem about identity the venue of e-commerce cases.To solve this problem, in this paper the latest theory in this filed has been introduced and the efforts of country that have advanced e-commerce markets, such as America and some Europe country also been studied. And those efforts do have some attraction on solve this problem, but not efficient enough, there are neither easy to be used nor can good match with real-life. The long arm jurisdiction law, published by American court, offers a smart standard for judge the jurisdiction of an e-commerce case. The Europe courts believe that the jurisdiction of an e-commerce case should be the place where customers live in, so that the profit of the weakness can be well protected. Those laws all get well understand by the international society. But they do have they own weakness. So it is impossible to solve this problem all by one handle. For now, what is most emergency thing is to find a way that based on traditional method for this question. The new theory will contain both good idea of traditional way and latest efforts.At the end of this paper, the valuable experiences that get from American and European law practices have been analyzed carefully. Found that our law about identity the jurisdiction of e-commerce case should based on traditional jurisdiction set law and absorb American and European law practices as a important reference. The location court of the place customer live should be set as the receiver of e-commerce, and the long arm jurisdiction law also should be taken into consolidation to give a full protection of customer benefit. And certainly, to identify the jurisdiction of e-commerce case is a totally new topic, what more every country has its own situations. So our country should develop our own system and law to identify the jurisdiction of e-commerce case to make sure the rapid and continue development of e-commerce.
Keywords/Search Tags:electronic commerce, jurisdiction, the contract, infringement
PDF Full Text Request
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