Research On Territorial Jurisdiction In The Case Of "Human-flesh Research" Litigation

The infringed may protect his rights through litigation when his right of privacy or reputation has been infringed by"Renrou Sousuo"or"Human-flesh Research". The first step before litigation is to determine which court has the due jurisdiction or the territorial jurisdiction over the tort litigation. The"Human-flesh Research"tort litigation which is different from other general tort litigation due to its occurring in cyberspace makes the rule of traditional territorial jurisdiction not appropriate to use. It's important to harmonize the cyberspace and the jurisdiction of court over tort litigation. There are four parts of this paper apart from the Introduction part, which shows the value of the study, and the Conclusion part.The first part is the beginning of this paper which introduces the characteristics of"Human-flesh Research". The characteristics of linking with cyberspace makes the tort litigation of"Human-flesh Research"face theoretical and practical dilemma in traditional rule of territorial jurisdiction.The second part analyzes the reason of traditional rule of territorial jurisdiction hard to get used in the case of"Human-flesh Research"litigation. Firstly, the virtuality and borderless of cyberspace and its blank in real world obscures the border of traditional rule of territorial jurisdiction in cyber tort litigation; secondly, due to the deficiency of personal information in internet, it's hard to locate the domicile of the tortfeasor; thirdly, the infringing information existing and spread in internet in digital manner makes the place of tort hard to be determined.The third part points out the theory and suggestion from scholars and judicial practice which provide new ideas in making sure the territorial jurisdiction in cyber tort litigation when the traditional rule of territorial jurisdiction are challenged. When commenting the new theory and suggestion, the paper refers to the judicial cases in USA, Canada and China to show the territorial jurisdiction deficiency of legislation in our country in the area of cyber tort litigation.The final part exhibits the steps of"Human-flesh Research"according to the principle of net and then determines the place of infringement and place of consequence caused by infringement. Considering the tort of"Human-flesh Research"mainly affects the area of domicile of the plaintiff, it's necessary to grant the court which has jurisdiction in the domicile of the plaintiff the jurisdiction over the tort litigation. The plaintiff has right to choose court which has jurisdiction in the domicile of the defendant or plaintiff or the place of infringement to take legal action. To avoid the abuse of litigation, the Doctrine of the Most Significant Relationship can be introduced.