The Research On The Jurisdiction System Of Internet Courts In China

Due to the vigorous development of network technology,the Existence of the Internet has long been inseparable from the daily life of human beings,and the Internet has become the second largest living space of human beings.While the Internet technology brings convenience to people,a huge number of new types of disputes related to the Internet also increase rapidly.China has set up Internet courts in Hangzhou,Beijing and Guangzhou in recent years in order to adapt to the Internet ecology,respond to the new needs of cyberspace governance,and solve the increasing number of internet-related disputes.The construction of Internet courts has achieved an important breakthrough in the effective settlement of internet-related disputes,and has important positive significance for promoting the innovation of trial methods,fairness and justice of trials,and promoting the spirit of rule of law.At the same time,Internet courts also have difficulties and challenges,one of which is the issue of jurisdiction.First of all,this paper introduces the overview of the jurisdiction of China’s Internet courts,to understand the current centralized jurisdiction of China’s Internet courts of 11 types of internet-related disputes.Secondly,starting from the legislative status and practical achievements of The jurisdiction of Internet courts in China,the paper summarizes the road of the Internet courts in China’s legislative exploration,as well as the remarkable achievements of the three Internet courts in China.And through the study of Chinese judicial documents online related judicial cases,analyze the jurisdiction of the courts of the Internet dispute cases,found there were a controversial point,namely in terms of agreement jurisdiction,platform provided by the terms of the agreement is valid controversial,multiple join points,the Internet whether the court has jurisdiction over the priority is controversial,and the rules of online,The independence of Internet court jurisdiction is controversial.Thirdly,we find the problems existing in the jurisdiction of Internet courts in China.It includes four aspects: the jurisdiction rules of Internet courts are too abstract,the existing jurisdiction of Internet courts cannot reflect the requirements of professional trials,the regional jurisdiction rules of Internet-related cases are not perfect,and the jurisdiction scope of Internet courts is too narrow.Finally,in view of the existing problems of China’s Internet court,the countermeasures to improve the jurisdiction rules of China’s Internet court.After analyzing the existing problems of The Internet court in China,we can find that the essence of these problems is directly related to the future positioning of the Internet court,that is,whether it can be positioned as a special court.Therefore,we should discuss the litigation jurisdiction system of net-related cases,which in fact becomes a necessary condition for the Internet court to realize its specialized adjudication function.In this paper,the Internet court is positioned as a special court with special jurisdiction,and its trial level is improved,and the first and second trial centers are established.After the positioning of the Internet court is clarified,specific suggestions are put forward to improve the jurisdiction rules of the Internet court,so as to build a complete system of jurisdiction rules of the Internet court in China.