A Study On The Application Of Law In Foreign-related Network Infringement

From Savings’s "Law on Legal Relations" to the "closest connection principle"of the conflict of law revolution in the United States:the development of private intemational law is actually the softening of conflict norms to improve the application of law in intemational civil and commercial disputes.Taking the foreign-related civil tort relationship as an example,when the foreign-related tort relationship has a.legal conflict,the judge needs to select an appropriate connection point to determine the applicable law according to the provisions of the conflict law.This is a common method for countries to hear foreign-related infringement cases.With the development of network technology,there are more and more foreign-related network infringement disputes.How to determine the application of the law on foreign-related online infringement is a common problem facing all countries in the world today.On the one hand,foreign-related online infringements have a great impact on traditional legal application rules.For example,traditional territorial and personal connection points are difficult to define in cyberspace:making it difficult for traditional conflict norms to play their role.On the other hand:the diversity of foreign-related infringement law conflicts also makes the applicable law prone to failure.In view of this:the thesis is not only based on the legal application of infringem ents in domestic legislation:but also fully draws on the legal application of infringem ents in legislation from other countries in the world,and flexibly uses specific cases of judicial practice.Explore the characteristics of different types of foreign-related online torts:so as to deepen further research and planning on the application of the law of torts on the Internet.Based on the research on the Legal application of foreign-related network infringem ent the article starts with the characteristics of the network and analyzes the concept:characteristics and main types of foreign-related network infringement.On this basis,the main content is the legal conflict and impact of foreign-related online infringement,Firstly,it analyzes the causes and manifestations of foreign-related cyber tort legal conflicts,starting from the two paths of intemational unified substantive law path and conflict law normative path,and attempts to solve the legal conflict of foreign-related cyber torts.Studies have shown that the former path cannot effectively solve the legal conflicts of network infringement,while the latter path has undergone certain processing improvements to help solve the problem.At the same time,traditional online infringements no longer apply current legal issues,and their in-depth analysis is also carried out:and their own opinions on how to resolve them are provided.Then from the perspective of the intemational community,analyze and discuss the legal application of online torts From multiple dimensions,including the local law of tort:the local law of court,the personal law,the principle of autonomy of will,the self-infringement law and the rules of the source country Based on one’s own reality,learn,the excellent experience of other countries,and explore a path for self-research.Then focus on the domestic research,and discuss the deficiencies and shortcomings of the laws and regulations promulgated by China’s policies at this stage in dealing with many deficiencies in network infringement and judicial practice.In particular,it analyzes the incomplete provisions on foreign-related cyber infringement in the existing Law of the People’s Rep-ublic of China,on the Application of Laws on Foreign-Related Civil Relations:the too simple adjustment relationship,and the simplistic application of laws.Finally,from the perspective of legislation and judiciary,we discuss the limitations and deficiencies of the current laws and regulations in China’s response to the problem of network infringement,and propose targeted solutions.From a specific level,it proposes a method of using the website as an innovative connection point to determine the appli cable law as well as introducing the closest connection principle in the field of foreign-related online infringement and enhancing its operability.Then put forward specific improvement opinions on the legal application of cyber infringement of personality rights,the legal application of cyber infringement of property rights,and the legal application of cyber infringement of intellectual property rights.