Research On Jurisdiction Of Foreign-related Network Tort

With the continuous development of Internet technology,the relationship between people's lives in various aspects and the network has become more and more inseparable.The space of network is more like a digital existence rather than a reality existence.As a result,what lays behind is one and another behaviors that people in the physical world make with internet.People around the world could express their views,transfer and exchange information,and make all kinds of trading activities,etc.via this virtual platform,so what used to be unconnected began to connect naturally followed by the inevitable emergence of foreign network infringement.It is indeed that the Internet is like an independent space,but the network users still come from the real society,and the relationship between virtual world and the reality is inseparable,therefore,it demands the control by the actual laws.Exploring the characteristics of the network,including boundlessness,fictitiousness and autonomy,and carefully examining the emergence of obvious network infringement problems,such as the hackers invading other countries' computer system and transferring computer viruses,both of which are quite helpful to solve the network Infringement jurisdiction.The constant updating network and the lagging nature of the legislation itself impacts the traditional civil action jurisdiction system greatly,which basically includes territorial jurisdiction,personal jurisdiction,contractual jurisdiction and exclusive jurisdiction of the traditional civil litigation jurisdiction system,and also largely shakes the relevant traditional law theory.Consequently,the new theories on the jurisdiction of foreign-related networks have emerged,and countries have also explored the relevant judicial practice to adapt to the new challenges of the network and the actual situation of their country.China is one of those countries.This article is divided into four chapters in a logical order based on the theory of private international law.The first part focuses on the characteristics of the network,exploring the connotation of network infringement and foreign factors.The second part mainly elaborates the establishment standard of the traditional international civil litigation jurisdiction and the challenge of the network.The third part discusses the clarifying the new theory of determining the jurisdiction of foreign networks and the judicial practice of many countries.The last part analyzes the legal status in quo of China's foreign-related network infringement jurisdiction,and tries to clarify the jurisdiction problem of foreign-related network infringement through research,and puts forward some suggestions for the relevant laws of this part of our country.