The Research Of The Jurisdiction Of E-commerce Disputes System

With the fast development of network information technology, the e-commerce which uses Internet as the carrier flourishes. Considering the features of e-commerce includes cross-domain, convenient transaction, and changed frequently information, how to determine the Court of Jurisdiction of a case is becoming controversial in the debate triggered by e-commercial activity. There are several problems about traditional jurisdiction which is applied to ambiguously and is unable to define in practice. Because of some countries such as U. S. and EU started e-commerce earlier, the legislation and provisions specifically aimed at jurisdiction of e-commerce are applied internationally, which produce favorable effects in practice and are good at determination of convenient jurisdiction. We are in the step of fast development of e-commerce, as a result, it is the most important to solve the problems about jurisdiction emerged in practice in order to develop continuously.In this article, it is found that there are several problems that is hard to identify where defendants live, where contracts are signed and implemented, and unfair agreed jurisdiction through researching existing legislation and related provisions and judicial application practice. I try to find a solution of the crux of jurisdiction about e-commerce disputes by means of exploring and analyzing related international theories such as Long Arm Jurisdiction and Protective Jurisdiction. In the base of reference of related international regulations, we can combine it with existing chinese provisions about jurisdiction to submit specific and feasible proposals such as Jurisdiction of consumer’s and web server’s domicile. Considering the status and development of e-commerce in China, the normative document of law specifically aimed at this kind of case should be legislated and the related judicial interpretations should be detailed in order to more expressly apply in practice. As a result, our jurisdiction system of e-commerce disputes can be more perfect and the e-commerce can be developed more steadly and rapidly.