Region Jurisdiction Of Internet Infringement

The popularity of the Internet, not only promoted the rapid development ofsociety and economy, but also for the people’s daily life more convenient.There are noabsolute, advantages and disadvantages coexist, the network comes with the problemgradually. At present, the network right infringement case showed a high incidencetrend, this brings a lot of trouble to the judicial circles. Because of the virtual networkspace, the traditional jurisdiction theory on a geographical basis has been unable tomeet the demand of network infringement cases. On the Internet infringement howwell has become an urgent and very difficult problem, academic circles have differentviews, has failed to form a unified point of view. The significant problems we face inthe judicial practice is: the traditional jurisdiction rules on a geographical basis is stillapplicable to the network right infringement case? How in the existing order of law inrevision, update and supplement existing rules, to apply to the network rightinfringement case? In this paper, the network tort and general tort forms and thedifference between as a starting point, analysis of network infringement brings to thetraditional jurisdiction theory and the judicial practice of the impact, the mainstreamview and developed countries, theoretical research and empirical analysis, finallysummarizes the change and choice of traditional territorial jurisdiction rule in networktort cases in order to improve the system, at the same time, our country Internetinfringement jurisdiction and puts forward the feasible, constructive suggestions.The full text is divided into four chapters:The first chapter is the introduction, mainly describes the background andsignificance of this paper, the research present situation analysis and the researchideas and methods. From China’s current legislation of network infringement toobservation, it is not enough to satisfy the demand of network infringement cases.The second chapter from the network tort forms and its difference from thegeneral tort between the starting, focuses on the analysis of the network infringementto bring the region as the foundation of traditional theory of jurisdiction of the impact,mainly as follows: the negative, national judicial jurisdiction lead to infringement isdifficult to determine, resulting in "the plaintiff defendant applicable dilemma" theoryand causes the misuse of the choice of action, through the deep problems in its essence, which laid the foundation for proposing countermeasures.The third chapter focuses on the theory, the territorial jurisdiction of law aboutnetwork tort cases include: new sovereignty theory, jurisdiction relativity,technologypriority jurisdiction theory, through the research and analysis and points out thereasonable and unreasonable. At the same time, also discusses the judicial practice indeveloped countries on the network right infringement case to American represented,and use its reasonable place through analysis and demonstration study.The fourth chapter elaborates the exploration of China’s territorial jurisdiction ofcyberspace tort, we should first clear our country network tort jurisdiction principles,then on this basis to our country in the network right infringement case jurisdictionissues put forward their own ideas.