A Study Of The Jurisdiction Of Foreign-related Online Infringement

The emergence and development of the Internet has profoundly affected the traditional legal system and even the way of legal thinking,and the computer network without geographical restrictions has made network infringement extremely special because of its intangible,virtual,borderless and decentralized management characteristics.Both the "minimum link" approach in the United States and the model by which jurisdiction is determined under the EU Brussels Regulation are flawed.Therefore,all countries are facing great challenges in the field of foreign-related network infringement jurisdiction.Proceeding from the relevant theories and advantages and disadvantages of foreign-related online infringement jurisdiction,on the basis of general infringement,the paper integrates network factors and foreign-related factors,and conducts a more in-depth analysis of the legislative direction and value concept of extraterritorial law under the theory of "localization" jurisdiction,the breakthrough and legitimacy of the principle of territorial jurisdiction in the Internet age,the extension and amendment of territorial jurisdiction and the expansion and application restrictions of territorial jurisdiction under the principle of "localization",and on this basis,proposes that China should innovate and apply the principle of territorial jurisdiction.Reasonably regulate the autonomy of the parties’ intentions,construct a monistic legislative body,use the principle of the closest connection to expand and define the place of infringement,and set up a bottom clause to reserve the flexible space of jurisdiction,while safeguarding the judicial sovereignty of the state,effectively protect the legitimate rights and interests of the parties.