| Internet technology is changing our way of production and life.The rapid development of information technology has brought us a lot of convenience,but also brought a lot of network disputes.Internet related disputes are professional and comprehensive.It is a great challenge for traditional courts to try such cases.In this context,Internet courts emerge as the times require.As a new type of court,the Internet court should not only put the concept of convenience and efficiency into all aspects of court operation,but also shoulder the responsibility of purifying cyberspace and improving the level of rule of law.At present,China’s Internet courts focus on 11 types of Internet related cases,and the jurisdiction rules are not perfect.This paper studies the development status of Internet court,analyzes the problems existing in the jurisdiction rules of Internet court,explores the jurisdiction rules suitable for China’s Internet court,and puts forward corresponding suggestions.In addition to the introduction and conclusion,this paper is divided into the following four parts:The first part is an overview of China’s Internet court jurisdiction rules.This paper mainly introduces the origin of the Internet court,the composition of the jurisdiction rules of the Internet court,and the significance of the jurisdiction rules of the Internet court to protect the litigation rights of the parties,improve the judicial efficiency,and promote the process of judicial modernization.The second part,the current situation and problems of the jurisdiction rules of Internet courts in China.Starting from the relevant legislation and judicial practice of the jurisdiction rules of Internet related disputes,this paper argues that there are some problems in the jurisdiction rules of Internet courts,such as the unclear nature of Internet courts,the narrow scope of jurisdiction cases,the imperfect regional jurisdiction rules,the imperfect agreement jurisdiction rules and the lack of protection of the parties’ procedural options.The third part is about the investigation of the legislation of Internet related disputes in foreign countries.This part discusses the relevant legislation of civil law and common law countries on the jurisdiction of Internet related disputes.Germany makes special legislation on electronic litigation;France pays attention to the protection of civil rights;the practice of Internet court in the United States and the application of "minimum association principle" in Internet related disputes;the exploration of online court in Britain has its own characteristics,which is worth borrowing On this basis,this paper reflects on the shortcomings of the Internet jurisdiction rules.The fourth part is the countermeasures to improve the jurisdiction rules of Internet courts in China.Based on the analysis of the problems existing in the legislation and judicial practice of the jurisdiction rules of Internet courts in China and the experience of solving Internet related disputes in foreign countries,this paper argues that China should improve the jurisdiction rules of Internet courts from the following five aspects: clarifying the nature of Internet courts,building specialized courts;expanding the jurisdiction scope of Internet courts;improving the regional jurisdiction rules;improving the agreement The third is to protect the parties’ procedural choice. |
