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Legal Research On Jurisdiction Rules Of Internet Financial Cases

Posted on:2019-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhouFull Text:PDF
GTID:2416330572958405Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Based on the background of the rapid development of Internet information technology,this paper notices that the Internet financial industry has sprouted and grown,at the same time,the social contradictions about Internet financial cases have also appeared and increased sharply.Jurisdiction rule is always an unavoidable research topic injudicial practice,and it is the key factor to decide which kind of disputes to handle.There are few laws and regulations to update the jurisdictional rules of Internet financial cases in time,only according to the jurisdictional rules of traditional cases,there are many gaps in judicial practice.Therefore,it is urgent for the courts,arbitration institutions and law researchers to use their legal knowledge and innovative thinking to create rules on the basis of the original three procedural laws and judicial interpretations,combined with the governance and supervision of various aspects of Internet finance.Argumentation and analysis of the jurisdictional rules of Internet financial cases have certain novelty and also meet the frontier needs of socialist legal construction with Chinese characteristics.The jurisdiction of Internet financial cases should clarify its substantive legal relationship,distinguish between Internet infringement disputes and Internet breach disputes,clarify the method of judgment when the law is competing,and further determine the cause of the case.Arbitration institutions,courts and other dispute-handling organs should clarify their functions and divide their work into different departments,and resolve Internet financial cases by means of multi-dispute resolution mechanism.We should strengthen the efficiency and fairness of the trial of Internet financial cases.Of course,there is a long way to go for the legal study of jurisdictional rules.Rule innovation is not an overnight task.It needs to be tested in judicial practice and affirmed while trying,so that the mature jurisdictional rules can be promoted to the legal system in time.
Keywords/Search Tags:Internet financial cases, Judicial scope, Practical puzzlement, Innovation jurisdiction rules
PDF Full Text Request
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