Network Tort Territorial Jurisdiction

In recent years, with unprecedented advances in China’s economic development, theInternet has entered tens of thousands of families. Due to the economic development, theperfection of national law and the increasing human rights awareness, a great deal of disputescan be solved by appealing to the court. However, jurisdictional system is the very beginningof litigation and territorial jurisdiction system is the center of the whole jurisdiction system.As a result, whether the regulation of territorial jurisdiction is clear, specific and just or not,not only matters realization of the party’s litigation rights but also is the manifestation of thejudicial authority of the court.In practice, territorial jurisdiction system is not a panacea. With the advent of Internet,virtuality, globalization, objectivity, immediacy, decentralization of management and globalcyberspace blur the boundaries of judicial jurisdiction, leading to the complexity ofdetermination of territorial jurisdiction. Territorial jurisdiction system cannot meet thedevelopment of current Internet, so territorial jurisdiction system should be further improvedwith the social evolution. Through the analysis of backward reasoning principle, balance ofinterests theory, subjective discretion theory, and the long arm jurisdiction theory, it can beconcluded that the main defects of Internet infringement territorial jurisdiction still exist inChina. And they are as follows: as a result of dispersed legislation, a complete legal systemhas not been formed; due to lower level of effectiveness, it is lack of authority; laws whichcome from multiple executive make it lack of standardized internal coordination;over-principled legislation make it lack of operability; stale contents of the legislation makemany loopholes exist in the law and the new promulgated laws should be further improved. Inrespect of constructing Internet infringement litigation territorial jurisdiction system in China,by trying to avoid undue restrictions on the development of Internet, connecting with theinternational world, expanding the scope of global cooperation and the introduction ofscientific and technological means to the civil jurisdiction, this paper aims to improve theInternet infringement territorial jurisdiction system in China.