Jurisdiction Of Network Infringement

With the advancing of the modern society, the level of network technology has been increasing continuously. The network has already penetrated every aspect of human’s life. Its wide application has changed the lifestyle and life quality of human beings and provided new environment and channel for them. However, network infringement appears, which is a new type of infringement to us. It is very complicated to determine the network infringement and investigate into its corresponding legal liability. Both the theoretical circle and the practical circle are puzzled by the new problems arising from the process of dealing with the cases of network infringement, which challenge the traditional legal system unprecedentedly. The jurisdiction of network infringement is the prerequisite to determining the solutions to these legal problems. Owing to the huge differences between network space and traditional space, the basis for determining the jurisdiction of traditional infringement can not apply to the network infringement. Therefore, it is essential for us to make up and improve the legal system relating to the jurisdiction of network infringement so as to deal with the cases of network infringement. This thesis begins with the introduction to the jurisdiction of the cases of network infringement. Then it analyzes the impacts and challenges that the jurisdiction of network infringement imposes on the traditional theory of jurisdiction of infringement. It also extracts the good points from the relating regulations of the jurisdiction of network infringement in the Anglo-American legal family, the continental legal family, the European Union and the conference on international private law held in Hague. Finally, based on analyzing the current situation of the jurisdiction of network infringement in China, the author puts forward the fundamental principles and suggestions on improvement in this field.