Research On Internet Tort Jurisdiction

With the rise of the mobile Internet era and e-commerce,more and more cases of Internet tort come out.But our country's legislation on internet tort jurisdiction has not formed a complete system.judicial practice has not formed a unified standard yet.Especially in foreign-related cases,most of the court according to judicial interpretation to judge jurisdiction on the basis of their convenient,no confirmation on the status of the litigants,did not fully guarantee the litigants especially the plaintiffs litigious right.The reasonable jurisdiction system is the beginning of the achieve of justice,the guarantee of the litigious right and the efficiency of litigation.especially in the field of internet tort.In view of this,this paper based on the basic theory of Internet tort jurisdiction,collation and analysis the representative views on the jurisdiction of Internet tort;with litigant centralism and the protection of litigious right as the angle of view,analysis problems of relevant laws and regulations of our country and the resulting in judicial practice;at the same time.In view of the universality commonality of the jurisdiction of Internet tort cases,analysis the relevant value of foreign experience in China;according to the particularity of our internet environment and internet tort cases in our country,combining the new theory and our legislation and judicial practice,to improve the reconstruction theory and judicial practice of Internet tort jurisdiction.This paper is divided into five parts,in the first part,through summing up the various types of internet tort,summarizes the existing problems of internet tort jurisdiction,the confusion of jurisdiction logical structure,whether the network service provider has jurisdiction;the second part is combined with Chinese relevant laws,regulations and typical cases,This paper analyzes the internet intellectual property tort cases jurisdiction,the tort jurisdiction of personality right.domain name tort cases jurisdiction and the tort jurisdiction of the online shopping cases,and summarizes the present situation of the legislation and judicial practice of the internet tort cases in our country;the third part from a theoretical point of view,on the basis of introducing the representative view of the internet right tort jurisdiction and the choice of connection points of internet tort,from the perspective of the protection of litigious right,the legitimacy and necessity of adhering to the adversary system in internet tort jurisdiction;the fourth part introduce the United States,France,Australia and related legislation of international agreements under the jurisdiction of the internet tort jurisdiction and judicial practice which can be used for our reference part,to provide reference for the improvement of the relevant system of our country,the fifth part from perspective of the protection of litigious right,to perfect the system of network infringement,I suggest that the plaintiff's domicile should be included in the jurisdiction system of network infringement,and the network server should be deleted as the jurisdiction,Legislative suggestions on jurisdiction of internet tort and ultimately determine the internet right tort case Logical path of jurisdiction.