Research On Legal Application Of Foreign Network Infringement

Nowadays,with the increasing popularity of computer use and the rapid development of network technology,network space has become an another very important space outside of the real space,that is,network virtual space.Network technology not only affects people’s way of work,but also changes people’s way of life.With the increasing dependence on network space,more and more cases are set up,changed and terminated through cyberspace,and the infringement of foreign network is increasing.Foreign internet infringement is a tort involving foreign elements,which is mediated by Internet.The virtual,global and boundless network makes the infringement of the foreign network different from the traditional tort.It is more changeable and complicated than the traditional tort.The infringer can bring the immeasurable harm to the victim through the network across the border of the country.More and more foreign-related internet infringement acts also bring new challenges to the existing rules of private international law.The traditional foreign-related tort is mainly applicable to the law of tort,that is,it mainly determines the applicable law based on the connection point of "lex loci delicti".On the one hand,the tort behavior of foreign network is often numerous,on the other hand,it is very difficult to determine which tort act as a link point to determine its applicable law.Therefore,it is of great importance to study the application of the law of foreign internet infringement to the improvement of the existing rules of international private law.In view of this,this article,based on the interpretation of the concept,characteristics and types of the infringement of foreign network,discusses the existing rules of law applicable to the infringement of foreign network,and puts forward to my own opinions on how to formulate a scientific and reasonable law applicable to the infringement of foreign network.That is,on the legal application of foreign infringement cases,we should discard the traditional rules of international private law and apply the principle of autonomy and the most close contact principle into the legal application of foreign network infringement,namely,the connection points which are closely related to the characteristics of the network through the subjective connection or the establishment of more network characteristics.In order to better protect the legitimate rights and interests of the infringed,it is also beneficial to the operation of the law and the reasonable solution of the case.This article mainly includes the following three parts:The first part explains the interpretation of the concept,characteristics and types of the Internet infringement.The so-called infringement of foreign network refers to the infringement of the legitimate rights and interests of others by the infringer with the Internet as the medium;its main characteristics are:the behavior is network;the behavior is global;the behavior subject identification is difficult;the influence is uncertain;place of the act is complex,and the areas involved are more extensive.Such behavior often involves many areas,such as personality rights,property rights,intellectual property rights and so on.Such infringement often results in immeasurable loss to the infringed person.The existence of the network has brought unprecedented challenges to the existing legislation in these fields,which has brought many new challenges to the formulation and implementation of the legal application rules of the foreign-related network tort.The second part illustrates the main rules of the application of foreign Internet tort law.Based on the discussion of tlex loci delicti conmmissi,lex fori,the principle of autonomy,the principle of the most significant relationship and the rules of the country of origin,the advantages and disadvantages of various laws applicable to the law are discussed in the light of the characteristics of the network tort,and the applicable rules of law which are more suitable for the infringement of the external network are summed up.That is,the most applicable rule of rule of law is the principle of autonomy and the most significant relationship.The former refers to the application of the legal application of such tort by the parties involved in the relationship of foreign infringement,or the legal application of the tort by the infringed;the latter refers to the law of the country or the legal domain which is most closely related to the infringement of the foreign network.So as to provide theoretical support for the establishment of laws applicable to foreign-related Internet torts in line with China’s national conditions.The third part discusses the rules of law applicable to Internet Infringement in China.Based on the analysis of the existing legislation in China,the legislative basis,basic characteristics and shortcomings of the existing rules are discussed,and suggestions for the improvement of the legal application rules of China’s foreign network infringement act are put forward.The law applicable to the law of the traditional foreign-related tort is mainly the law applicable to the torts.Although Law of the Application of Law for Foreign-related Civil Relations in our country has formulated the law applicable to the infringement of foreign network,it only stipulates the law applicable to the infringement of personal right through the network or other forms of tort,which has not been involved laws applicable to infringement of property rights,intellectual property rights and so on.Therefore,the author believes that our country should make a clear regulation on the legal application rules of foreign network infringement of property rights and intellectual property through the improvement of Law of the Application of Law for Foreign-related Civil Relations or the form of new judicial interpretation,so as to make a strong guarantee for the rights and interests of the parties and promote friendly exchanges and cooperation between China and other countries and regions in the world.