Tort Jurisdiction Research About WeChat In Public Platform

The infringement case of the public platform WeChat(hereafter WeChat) usually faces problem regarding to different standards of register and placing on file in practice. As the reason, the so many differences between infringement case of WeChat and traditional infringement case, network infringement case lead to the traditional and network infringement jurisdiction are difficult to apply in WeChat infringement case. Compared with traditional tort jurisdiction, the domicile of the defendants in WeChat infringement case is difficult to determine, and infringement action is thus unlimited expanded. Comparing with network tort jurisdiction, the location of computer, the place network infringement cases occur, is relatively fixed, while WeChat infringement case is spread through the mobile terminal device and the location of mobile terminal device changes with the user's location. Base on the above reasons, the existing theory of tort jurisdiction cannot meet the requirement of tort jurisdiction in WeChat infringement case, thus we suggest from two aspects to construct a new regime for WeChat infringement case. With respect to jurisdiction level, WeChat infringement cases are more suitable heard in intermediate court, heard in intellectual property court when intellectual property infringement involve in the cases. With respect to jurisdiction region, the domicile of demandant should be consider as the main domicile, assisted with infringement location, agreement jurisdiction and exclusive jurisdiction. If the above jurisdictions cannot well safeguard the interests of obligee, the obligee can choose the local court of the defendant domicile as the jurisdiction court.