The Research Of Disposal Mechanism On Disputes About Domain Name In China

The domain name dispute is a kind of new network of civil disputes,for a long time,due to the influence of traditional legal practice,in trademark disputes,unfair competition disputes to be resolved,the information value is almost independent of domain name is "hold" state.In the recent decades,with the rapid development of the Internet,the number of domain name disputes has increased.A large number of domain name disputes,if they could not be resolved in a timely and effective,in turn,will affect the further development of the Internet economy.To resolve the domain name dispute,we should build a scientific and perfect domain name dispute resolution mechanism.With the understanding of the domain name dispute as the starting point,to discover the nature of the domain name dispute,to explore the cause of the dispute of the domain name.To resolve disputes related theory types as the basis,combined with our existing domain name disputes,domain name dispute resolution practice from Outland,the construction of China's domain name disputes from three aspects of substantial,procedure and management mechanism.The second chapter is the introductory theory.This thesis mainly introduces the definition and the characteristics and the causes of the domain name dispute.Domain name dispute is the conflict between equal civil subjects on the conflict of interest of information in the domain.Cause the main reason for the domain name dispute: first,the legal nature of the domain name is not clear;the second is the registration system is flawed;the third is the value of the domain name in the economy to demonstrate.The third chapter,the type of domain name dispute resolution.In accordance with the division of the type of dispute resolution by a Professor,the type of domain name dispute resolution is divided into two categories: the consensus type of the domain name dispute resolution and the decision type of the domain name dispute resolution.Among them,the consensus type includes mediation and reconciliation,the decision type includes judgment and arbitration.In view of the domain name dispute resolution practice in our country,there are some advantages and disadvantages of the four specific types of domain name dispute resolution.The fourth chapter,the domain name dispute resolution domain foreign practice enlightenment.As far as its characteristics,WIPO has mainly adopted the mediation proposal split the domain name dispute mediation and Arbitration Center;Belgium has mainly adopted the "two-tiered system";the United States has mainly adopted the supervision of independent domain name registration procedures.Moreover,in the aspect of substantive norms,they have also carried out a positive exploration,continuous improvement.The fifth chapter,the improvement of China's domain name dispute resolution mechanism.According to our country's litigation(sentencing)deficiency of domain name disputes substantive norms,and other aspects of the existence of adjudicatory force,from experience,construction of domain name dispute resolution mechanism in China should adhere to the "priority to consensus,decided to supplement,scientific triage" principle.From the substantial laws,procedural laws,management to gradually improve.