Study Of Jurisdiction In The Dispute Of E-contract

With the continuous development of human productive forces, human beingshave ushered in the Internet era. Recently, as E-commerce has been developingdeeply into the country’s economic life, which triggers an electronic contract disputecases that are increasing? Because E-commerce has virtual, interactive, real-time,management of the non-center characteristics, the traditional theory of jurisdictionfaces great challenge. The traditional theory of the jurisdiction faces enormouschallenges, because the electronic contracts have natures of transnational, anonymous,and virtual and so on. Using the traditional theory of jurisdiction to determine thejurisdiction of the electronic contract is difficult. Accordingly, people start to payattention to the independent jurisdiction of the electronic contracts. However, thistheory does not entirely fit the actuality. The author has studied national legislationand judicial practice and figures out that we shall use the traditional theory ofjurisdiction to determine the disputes of the electronic contracts. In upholding thetraditional jurisdiction and practicing the advanced technology, the traditionaljurisdiction will be perfect. By doing so, it determines the jurisdiction of the electroniccontracts. China does not have the jurisdiction of the disputes of electronic contracts.Its jurisdiction is in accordance with the relevant provisions of the Civil Code.E-commerce features of its own makes China’s legislation in this area improve.Strengthening the study of electronic contract disputes can conform to the trend ofhigh-tech economic development, protection of e-commerce economic prosperity andpromote national economic development. Therefore, studying the jurisdiction of theelectronic contract dispute is necessary.The whole thesis is composed of five chapters excluding foreword. The firstchapter introduces the concept and characteristics of electronic contracts and pointsout the problem that to be discussed.The second chapter starts from the characteristics of electronic contracts. Itfocuses on the impact of the traditional theories of jurisdiction which caused byelectronic contracts. It can be concretely divided into the impact of the generaljurisdiction of the theory, the jurisdiction of the special jurisdiction of the theory andthe theory of the agreement. It analyzes the difficulties that the theory of traditionaljurisdiction determines the disputes of jurisdiction of electronic contract. The third chapter discusses the new theory of jurisdiction under the impact ofelectronic contract. The theories have their own characteristics. Based on the analysisof comparison, the author comes to the conclusion that all of them can not solve thedifficulty that jurisdiction of electronic contract disputes.The fourth chapter is the focus of the thesis. Through analyzing a number ofcases and comparative analysis, the author explains how the traditional theory ofjurisdiction adjusts to its own system and assumes the task of jurisdiction overelectronic contract disputes. At the same time, the author also reviews the Chineselegislative and judicial practice of electronic contract disputes.The fifth chapter contains Chinese existing regulations governing electroniccontract dispute. It studies the status of judicial practice. Because t the specific normsof the electronic contract disputes do not exist. The author puts forwards somerecommendations for Chinese jurisdiction of the electronic contract disputes.