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On The Assuming Of Cross-Border Electronic Delivery Of Judicial Documents And Long Arm Jurisdiction Principal Based On The Case Of Chinese E-Commerce Being Sued In US

Posted on:2018-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:X YangFull Text:PDF
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This thesis will carry out analysis on the important cases of Chinese e-commerce being sued in US.Through the forms of the case analysis as the cutting point of the full article,the thesis puts stress on two important issues presented in these two cases: whether the judicial documents delivered in the way of the published electronic linkage has the legality,and whether US court has a right to carry out jurisdiction on the defendants in these cases according to the principle of ‘long arm jurisdiction'.The thesis consists of four chapters in total.The content of Chapter 1 is the introduction of the cases,which will introduce the cases such as American Bridal & Prom Industry Association,Inc.,et al suing the e-commerce of the Chinese wedding dress and Ray-Ban Group and American Oakley Company suing the e-commerce of the Chinese glasses e-commerce.Both cases exist the same situation of the ‘simplified treatment' which is not in accordance with the provision on the procedure of the delivery,and still has the dispute on the problem of the jurisdiction.This thesis will start from these two cases,then lead to the further discussion on the system of electronic delivery of the international judicial documents and the system of long-arm jurisdiction of US court.Chapter 2 will introduce the electronic delivery of the cross-border judicial documents.By arranging the basic theory of electronic delivery of the cross-border judicial documents and sorting out the historical reforms formulated by the relevant laws and conventions,and attaching with the relatively representative judicial precedents on the leading information technologies from the countries such as UK and US,sort out the system of electronic delivery of the cross-border judicial documents.This case returns in the end of this chapter on analyzing whether the delivery method,the current conventions and the relevant laws taken by the US court exists the problems,and proposes the corresponding countermeasures for the similar conditions encountered by the cross-border in our country from now on,at the same time,it proposes some concepts to improve the system of electronic delivery of the cross-border judicial documents which currently exists the giant blank.Chapter 3 will introduce the principle of long-arm jurisdiction of US court.By arranging the basic theory of the long-arm jurisdiction and the background and developmental reform it presented,comprehensively sort out this system with the relevant judicial cases.It will put stress on talk about the core of this theory----the minimum standard of contact,and carry out the reflections and evaluations on this system.At last,it returns to this case,and analyzes the appropriateness and legality for this principle in the cases of this article,provides the suggestions and comments for the cross-border e-commerce in our country that how to deal with the similar conditions better from now on.Chapter 4 will talk about how the cross-border e-commerce should deal with a variety of challenges on the comprehensive aspect and the preparations and measures it should take under the big environment of current prosperity of the networks and electronic commerce.It will carry out the detailed illumination on the aspects such as nation,industries and enterprise entities,and provide the useful suggestions and comments for the electronic commerce that goes to the world more successfully.
Keywords/Search Tags:Cross-border delivery, Hague Service Convention, Long-arm jurisdiction principal
PDF Full Text Request
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