Research On The Jurisdiction Of Electronic Commerce Disputes

At present, the e-commerce legislation is the process of being drawn up in full swing, and for various disputes in cyberspace, there are not any specific and unified provisions to confirm the jurisdiction of e-commerce disputes yet in recent years. Today, with disputes in the network happening frequently, to explore a unified applicable rules from the traditional jurisdictions is the most important issue for solving e-commerce disputes. The development of e-commerce jurisdiction and its theoretical innovation will certainly bring a conflict with the existing theory, and this kind of conflict will highlight the limitations of the traditional jurisdiction, so we need to constantly improve and refine some principles of traditional contentious jurisdiction in the process of innovation. This is a paper about the problem of e-commerce dispute jurisdiction. Firstly, this paper has made some relative introductions about e-commerce disputes and the traditional jurisdiction, elaborating the problems that e-commerce dispute jurisdiction is faced with when applying the existing jurisdiction system. And then it has expounded the practical experience of the problems of e-commerce dispute jurisdiction in Europe and the United States, who have a more rapid development on e-commerce and the enlightenment they have brought to us. Next, it has analyzed and studied the categories and principles of jurisdiction of some current typical e-commerce disputes, summed up the experience, established the principle of formulating e-commerce dispute jurisdiction in our country and put forward corresponding perfect proposals, and further discussed how to build the e-commerce dispute jurisdiction system in our country.There are 6 parts included in this paper.The first chapter has primarily begun with the concept of e-commerce and jurisdiction, then it has made a brief introduction of the characteristics of e-commerce disputes from the perspective of the jurisdiction and has elaborated the platform of operation, namely the electronic virtuality and non national boundaries of the Internet, next it has compared the differences of classifications of e-commerce disputes and the applicable jurisdictions.The second chapter has pointed out that traditional jurisdiction theory is no longer suitable for dealing with the case of e-commerce reasonably and effectively, and has analyzed the current problems brought to jurisdiction system by e-commerce disputes. It has respectively discussed the specific problems that e-commerce dispute is faced with when the 4 jurisdictional principles, including territorial jurisdiction, personal jurisdiction, exclusive jurisdiction and agreement jurisdiction, are applied to the issues.The third chapter has analyzed the status of the jurisdiction system of e-commerce dispute in our country and the specific study on the 2 typical types of our country's current e-commerce disputes, including infringement disputes and contract disputes. It has pointed out the main problems existing in legislation and judicial practice in our country. The agreement jurisdiction principle acts as the key object of discussion and it's the most widely used, and the most convenient and the paper has deeply analyzed the cause of the problem and the negative effect it has brought combining with specific cases.The fourth chapter has mainly analyzed the legislation evolution and judicial practice of issues of e-commerce disputes jurisdiction in the United States and Europe, whose e-commerce is more advanced. It has focused on the analysis of positive and negative influences of the EU mode of jurisdiction "consumer protection centered", as well as the reference value when the e-commerce disputes jurisdiction is established by "sliding scale standard ","influence standard", "target-oriented standard" and so on which are gradually formed in the juridical practice in the United States and the value when the principle of "minimum contact" is applied in the e-commerce disputes. According to the the study and practical experience of e-commerce disputes jurisdiction in European Union and the United States, it has pointed out that our country should also contact the domestic reality and improve the jurisdiction system based on critique and reference.The fifth chapter has evaluated and analyzed the jurisdiction theory of relativity, the jurisdiction theory of the court where the server is, the network theory of sovereignty, the theory of the plaintiffs residence, the theory of the most intimate contact place and the new theory concerning the jurisdiction issue of e-commerce cases with the URL as the new basic theory of jurisdiction etc. It has analyzed and demonstrated the new basis of jurisdiction of certain e-commerce cases concerning network access, URL and server location etc. And it has pointed out the reasonable and feasible points and has made necessary discussion about establishing practically feasible modes of e-commerce disputes jurisdiction.The sixth chapter has established principles that should be followed by the improvement of legislation in our country on the above basis, and it has put forward suggestions to improve the system of our country's e-commerce disputes jurisdiction, namely, to establish the ranking jurisdiction of the cases involved, has established special specifications of e-commerce disputes agreement jurisdiction, has drawn lessons from the website's being the basis of jurisdiction, and has encouraged the development of mechanism of online dispute solutions.This article has weighed the positive and negative effects of various modes of on our country from the aspects of effectively dealing with the disputes and benefiting the development of e-commerce, and has come up with some solutions that best suit China about e-commerce disputes jurisdiction combining with the reality. Jurisdiction of e-commerce is a new research area, China should combine with the actual situation of its own and actively adjust the relevant legislation,introduce relevant policies and grasp the pulse of the times.