On The Construction Of Domain Name Dispute Resolution Of China

With the technology development and prosperity of the domain technology,domain name disputes have emerged too. Large numbers of disputes not onlyhindered the advance pace of the Internet, but also disrupted the normal order ofmarket economy. Because domain name disputes are not a consideration inourtraditional civil and commercial law, perfecting the legal system to resolvedomain name disputes is an important issue in the legislation field of domainname.This paper aims to build the Chinese domain name dispute resolutionmechanism which includes the prevention of the dispute and treatment of the disputeafter it emerges. Through analysis, comparison and theory contruction,The full textincludes six parts.The first part is an overview of the domain name dispute situation. Outliningthe status of domain name, legal property on the domain name was discussed.Afterthat,it comes to the conclusion that part of the domain names whose characteristicsconsistent with intellectual property should be included in areas of intellectualproperty protection system. Then it analyzes the reasons for domain name disputesand lists the main forms of domain name disputes.The second part is a summary and reflection of Chinese disputesettlementmechanism. This part gives a comprehensive explanation of themanagement system from the aspects of domain name registration managerment,theadministrativeprocedures of resolution of domain name dispute and the judicialprocess of domain legislation system in China, at the same time comes up with anobjective analysis of the current shortcomings of the domain name dispute resolutionmechanism.The third part introduces experience of the foreign domain name disputeresolution mechanism. In reference to the "Uniform Domain Name DisputeResolution Policy" and the three typical of legislative system including United States,Germany and Britain, it summed up the inspiration,which are enhancing theadministrative mode of domain name disputes settlement, the special legislationagainst behavior of the cybersquatting and learning from the traditional civil law forresolving domain name disputes. The fourth part switched into the domain name dispute resolution mechanism inChina.This is the focus of this article. The mechanism is consisted of the methodswhich are used to prevent the domain name disputes and the domain name disputeresolution mechanism. The former includes the perfection of domainnameregistration and follow-up management,while the latter is about the convergence ofadministrative and judicial proceedings in the settlement procedures,clarifing thecivil status of domain name registration organization in the domain disputes andimproving the legal level of domain name status, and the establishment of anindependent domain legislative system.In short, the domain name dispute settling mechanism is a gradual process andcan not be done overnight. Only by adapting to the specific situation of China,canwe construct the resolution mechanism of domain dispute according to nationalconditions of China.