Study Of Civil Procedure Jurisdiction Over Electronic Commerce Disputes

The unprecedented development of computer network technology has had great impact on the operation mode of business, which leaded to the rise of electronic commerce. Due to its nature of being virtual and cross-region, electronic commerce disputes have unique features, quite distinct from the ones coming from traditional civil disputes. Therefore the solution of electronic commerce disputes has attracted great attention, especially the civil procedure jurisdiction over electronic commence disputes.Starting from active civil procedural law and its related judicial interpretation, this paper carries out comprehensive study on legislation and practice of jurisdiction over electronic commerce disputes in foreign countries, including United States, EU. In addition, jurisdiction over contract disputes as well as infringement disputes in electronic commerce has been discussed too, together with some constructive suggestions on solution to jurisdiction on electronic commerce disputes. Under the traditional laws and practice of civil procedure, electronic commerce will not developed in disciplinary and healthy way unless improvement of jurisdiction over electronic commerce has been made to adjust to its own characters.The main body of this paper consists of four parts, besides introduction and conclusion, and has a total number of over 20,000 characters.The first part discusses electronic commerce and its disputes. By establishing study domain of jurisdiction over electronic commerce contract disputes and infringement disputes both in a narrow sense and a broad sense, the distinctive features and different types of electronic commerce are introduced, which helps to understand the difference between traditional civil procedure disputes and electronic commerce disputes.The second part studies current situation and potential challenge brought by jurisdiction over electronic commerce disputes. As the core of this paper, it introduces law and legal rules about jurisdiction over electronic commerce disputes in depth, and then moves on to jurisdiction practice with real-life cases. At the end of this part of the paper, conclusion has been drawn, dealing with the challenge brought by civil procedure jurisdiction system over electronic commerce against traditional civil procedure jurisdiction system.The third part mainly focuses on study of civil procedure jurisdiction over electronic commerce disputes in foreign countries, namely United States and European Union. Both legislation and practice of civil procedure jurisdiction over electronic commerce disputes are studied, which serves as reference for making improvement in civil procedure jurisdiction system over electronic commerce disputes in our own country.Based on the above three parts, the fourth part of the main body offers some constructive suggestions on how to improve civil procedure jurisdiction system over electronic commerce disputes in our own country. Equal protection principle, self-government principle as well as the most related connection principle should be adhered to, together with discussion in controversy involved. The best solution to this newly roused business mode is to take technical feasibility into consideration and use agreement jurisdiction wisely and extensively. In the end, possible jurisdiction legal risk has been discussed in order to warn people engaging in electronic commerce.