The Jurisdiction Of The International Network Infringement

As the major inventions of the twentieth century, the Internet has worldwide fromproduction to the development, just more than a decade, and is affecting all aspects ofhuman life, even has a profound influence on the traditional legal system and legalway of thinking. The Internet, as the name implies, is the network linked together, intoday’s international environment, network interconnection in all countries brings inbenefit to the state and individual citizens, but also produced many disadvantages,such as multinational Internet infringement behavior. As a type of infringementappearing in recent years，due to its characteristics, it is deepening worldwide, andcreating a great controversy and the challenge over the case jurisdiction. This articlewill focus on the jurisdiction issues from multinational Internet infringement ofpersonal right behavior.This article starts from the concept and characteristics of network infringement,through comparing the characteristics of the traditional tort, puts forward thedifferences between the network tort and the traditional tort, and leads to a challengeto the traditional civil jurisdiction determination principle by the network tortcharacteristics, then analyses the theory and practice challenges from the new type ofinfringement to the traditional jurisdiction rules, and through the analysis anddiscussion on the jurisdiction theory and judicial practice from the networkinfringement cases in the United States, Canada, the European Union, Australia, aswell as draft convention on the Hague conference, you can see, there are controversiesfrom the network tort jurisdiction determining in countries and the internationalcommunity, and there is no unified approach, and the method of "minimum contact"in USA or the model from the regulations on the Brussels to determine jurisdictionhas some defects. Finally, through the analysis on the legislation and judicial practicefrom the determining principles on the Internet infringement jurisdiction in our country concerning foreign affairs, puts forward the improvement and perfection ofour multinational Internet infringement jurisdiction: priority for the local jurisdictiondepend on plaintiff; When the plaintiff’s local court is considered to be "inconvenientcourt", the place of tort can be invoked as the basis of determining jurisdiction; At thesame time, reference to the "most significant relationship principle" in the UnitedStates, with reference to the principle of international treaty, strengthens exchangesand cooperation in private international law.