The Jurisdiction Of Network Copyright Infringement

With the rapid development of information technology, network, as an important way of information transmission, has contributed a lot to distribution of works and prosperity of network culture. We have come into the age of Internet media from paper-based media, and any works can be published online and spreaded all over the world. Unlike the space-time structure of the physical space,Cyberspace is global,virtual and interactive,thus bringing many difficulties and challenges to the traditional jurisdiction rules. Determination of jurisdiction is the premise and foundation of legal proceedings. With the increasing internet tort action, it is important and urgent to determine the jurisdiction.In theoretical research, our current research of this aspect is still quite unsystematic, and there is a long way from the developed countries such as Europe and America. In our country, there are only some essays of this topic published, but no systematical monograph on the topic or related issues. Therefore, the further research on the jurisdiction of cyberspace tort is of certain theoretical significance. In addition, there are not complete jurisdiction rules of network copyright infringement, though it has taken us lots of attemptation in legal practice according to the Civil Procedure Law. As a result, to analyze and perfect the system of tort lawsuit from the jurisdiction of cyberspace tort is of positive and practical significance.Based on the concept , forms and features of Internet infringement of copyright, this article analyzes the challenges of Internet infringement over the traditional jurisdiction and new theories put forward internationally, together with Chinese judicial practice,so as to accumulate experience to solve this problem for our country.The full text is divided into four parts except the foreword and conclusion.The first part starts from concept of Internet infringement of copyright, mainly talking about its characteristics, such as body's hiding and complex, place instability,harm consequence instantaneity. Forms of Internet copyright infringement are also be discussed.Part two mainly analyzes some new jurisdiction theories of Internet infringement put forward internationally. It first summarizes the traditional theories of jurisdiction, and then elaborates the particularities of jurisdiction theories of Internet copyright infringement.The third part introduces the current situation of jurisdiction theory on Internet infringement of copyright in our country, raising the problems it is facing based on the analysis of the principles in other countries.The last chapter gives some tentative suggestions to perfect our regulation on jurisdiction of Internet copyright infringement.