Network Transmission Behavior Of The Impact Of The International Civil Jurisdiction And Their Solutions

The development of Internet make net transmission more and more prevalence. At the same time, more and more law cases which relate with it appears. The traditional model of jurisdiction sometimes selects the domicile, nationality, property, act, will, fact and etc as foundation of international civil law jurisdiction. Nowadays, The features of globalization, nominalization and non-centerization of cyberspace has shaken the basement of traditional jurisdiction, which makes courts had to face up with the challenge about the jurisdiction of Internet cases.According to foreign countries, America court has been using long-arm jurisdiction in the Internet cases. In 1945, National Shoes Corp. v. Washington, which is a landmark of continental civil action of U.S., has become the origin of long-arm jurisdiction; The court in EEC also adopt the same principle of territorial jurisdiction actively. Emphasizing the principle of local jurisdiction, they permit their members take the requirement that the service providers, who set up their corporation in forum place, should comply with the internal law of forum state.The first Chinese tort case concerning about page (Red Group V. Dong Fang corp.) which aroused controversy of jurisdictions in China, takes challenge about net cases jurisdictions in our country as well. The maincontribution of this paper is to survey the relationship between net space and physical space, to draw lessons from the related mechanism and mature law system of other country on the fundamental of applying with the original principal of jurisdiction and to improve and develope it.To establish our own civil jurisdiction system for Internet cases, China should meet the standard of the world, and actively participate in the constitutions and improvements of uniform regulations about Internet in the world. In the writer's opinion, we should use proper technology devices in the work of civil jurisdictions, considering the practical need of our judicial system and the development Internet. In our legislations, we should combine the agreed jurisdiction and the legal jurisdiction, pay more attention on the application of the agreed jurisdiction, and, following the corresponding specific principles, lead Internet to self-discipline and wholesome development.