Research On The Choice Of Law In Transnational Cyberspace Torts

With the rapid development of network technology, the Internet make our lives convenient and handy, but it also causes a series of legal issues at the same time, especially leads to the problem on the choice of law. Cyberspace torts is a kind of behavior that someone violates others’rights and interests through the Internet. Cyberspace torts depend much on the network technology which occurs gradually with the development of the Internet. It’s a new type of illegal behavior which is quite different from the traditional delict, such as technicality, elusiveness, invisibility and transnational. It’s so hard for controlling the source and direction of the information that people can easily copy and get personal information illegally. Moreover there are a lot of ways to threat people on the Internet. It’s very difficult for the courts to choose the applicable law when the personal rights, property rights and intellectual property rights violated.Compared with America, EU and other countries or religions with developed technology, our country pay less attention on the choice of law in transnational cyberspace torts. Though the Applicable Law enacted recently have already improve much better, it still can’t solve the problem and has no way to strengthen the applicability of the choice of law. This subject is on the basis of the legislation and research of domestic and overseas in order to impove the choice of law in transnational cyberspace torts appropriately.