Research On The Jurisdiction Of Online Privacy Infringement

This paper is a paper on the jurisdiction of privacy infringement cases under the network environment,the article first defines the concept of privacy infringement in the network environment,and expounds the problems that the current jurisdiction system faces in the case of network privacy infringement cases,Then the author analyzes the legislative and judicial practice of the Internet in the United States and Europe on the jurisdiction of the network infringement cases and the legislative results of the Hague Conference on Private International Law.It also analyzes the emerging international jurisdiction to determine the network privacy infringement cases.Theory and the new basis of evaluation,in the above analysis of the process of elaborating on their own thinking on this issue,and finally for our country on the issue of legislation and the status quo of China's existing system in the network privacy infringement cases In the application of the value and its problems,put forward the corresponding suggestions for improvement,China's Internet privacy infringement case jurisdiction system the construction has done a useful exploration.This paper is divided into four parts:In the first chapter,the definition and constitution of network privacy tort is defined,and the problems of the application of the traditional theory of jurisdiction,such as the electronic virtuality and borderlessness of the Internet,are discussed.It is pointed out that traditional jurisdiction theory can not Reasonable and effective response to the network environment of privacy infringement cases.The second chapter evaluates the four theories about the jurisdiction of Internet privacy infringement cases,and points out that the interaction of the website,the location of the server,the location of the infringing act and the location of the plaintiff,etc.This paper points out the irrationality and infeasibility of the jurisdiction of the network privacy infringement cases,and makes a necessary discussion for constructing a practical and feasible model of network privacy tort cases.The third chapter mainly analyzes the legislative and judicial practice on the jurisdiction of Internet privacy tort cases in the United States and Europe,and the legislative progress of the Hague Conference on Private International Law on this issue.This paper focuses on the analysis of the value of the "long arm jurisdiction" principle applied in the case of network privacy infringement and the "further activity theory" and "sliding scale method" which gradually formed in the judicial practice in determining the jurisdiction of network privacy infringement cases And discusses the legislation and judicial practice of the jurisdiction of the network infringement cases in Europe.The fourth chapter analyzes the current situation of the jurisdiction system of network privacy tort cases in China,and points out the main problems in the legislation and judicial practice of our country.On the basis of the analysis of the first three chapters,the author puts forward the jurisdiction of the network privacy tort cases in our country.Improve the proposal,so that our existing jurisdiction system can be a reasonable and effective response to network privacy infringement cases.The innovation of this paper lies in the analysis of the problem,the problem-solving process to pay attention to the reality of China's situation,not completely deny the existing system in response to the case of network privacy infringement value,and effective dispute resolution,is conducive to the development of the Internet From the perspective of the trade-off model can introduce a variety of possible positive and negative impact on our country.