Research On Legal Application Of Foreign-related Internet Infringement

Nowadays, the status and importance of internet have become impossible to be replaced. As a product of technology, internet has become an essential element of people’s lives. However, the development of technology and the popularity of network do not just bring us convenience, as well as a series of legal problems. Internet infringement is one of them. Today, the speed of economic globalization is extremely fast and the foreign-related elements of internet infringement are very common. So how can we regulate the principles of legal application and build related system become the theme of this thesis.This thesis is based on relevant research of the issue in worldwide and combines with the basic theories of Private International Law. It can be divided into four parts. The first part is about the definition of foreign-related internet infringement. It begins with the notion and feature of internet. Then1introduce the foreign-related factors and common examples of internet infringement. This part paves the way for next ones by analyzing relevant theories about internet and foreign-related internet infringement. The second part mainly disserts the impact which foreign-related internet infringement brings towards the traditional theory of Private International Law. The specific impact that foreign-related internet infringement brings towards the traditional rules of legal application is the key point. The third part elaborates the principles of legal application in foreign-related internet infringement. By analyzing the most significant relationship principle and the principle of limited will autonomy and so on, we can comprehend their development and change of application in foreign-related internet infringement. The last part is the starting point and standpoint of the thesis. The clue returns to our country’s judicial practice by investigating the current legislation and suggestions on building system of legal application in foreign-related internet infringement. At first, this part reviews our legislative process about legal application in foreign-related internet infringement and analyzes the situation, then describes relevant law and institution. At last, on the basis of combining theory with judicial practice, I put forward my own suggestions on building system in order to deepen my understanding of this subject, which is valuable to the reality.