Study On The Territorial Jurisdiction Of Internet Transaction Disputes

With the development of network technology, the network electronic trading plays ahuge effect to expand the commerce field and to meet people’s diversified shopping demand,etc. But in the Internet has brought tremendous changes to the social development and at thesame time, it also brings a lot of network transaction disputes. Due to the network space isvirtual, global, uncertainties and other characteristics are connected with traditional factors,relevant disputes jurisdiction is not so strong in the network environment.This paper focuseson the jurisdiction in theory and practice, starting from the traditional territorial jurisdictionprovisions, combined with the consideration of the particularity of the network tradingplatform disputes and the status of Internet trading platform providers in the network tradedisputes and responsibility, through the contract disputes and tort disputes factor analysis ofthe determination of the relevant jurisdiction, in the network trade disputes should be appliedto each jurisdiction principle.This article adopts the writing method of layers of in-depth, besides preface and epilogue,is divided into four parts. The full text of about thirty thousand words.The first part of the article mainly discusses the network transaction disputes in ourcountryjurisdiction encountered problems. Based on the definition of Internet transactiondisputes, the analysis of the current network trade disputes to the traditional jurisdiction rulesof right of the impact of the performance and the reasons.The second part of the article analyse the territorial jurisdiction about the network tradedisputes from two aspects of theory and practice. A series of investigation of theory circlefocuses on how to determine the jurisdiction with regard to our network tradedisputes.Reflected in the practice,although the determination of jurisdiction has made someprogress, but still in a mess. Investigate its reason,is the theoretical circles on the jurisdictionof the outcome of the discussion is not to be absorbed and recognized of legislation.The third part of the article is trying to break through the network transaction disputesjurisdiction dilemma. Based on the introduce and comment about the new theory of foreignjurisdiction and ways used in practice of American and European court.Whether the existenceof the network trading platform as a new perspective of network trade disputes, and analyzesnetwork platform and platform providers to determine the significance of jurisdiction.Article in the fourth part of the network trade disputes is divided into disputes in Internettrading platform and disputes out of Internet trading platform, on the basis of trade disputes,to analyzes how to determine the contract and tort, and argued that the agreement jurisdictionprinciple, the principle of jurisdiction where the defendant is domiciled and the most closelyrelated to the principle should be applicabled in the netwok trade disputes.