The Research On The Jurisdiction Of Chinese Internet Courts

Jurisdiction rules are directly related to the realization of the Internet court’s special function of the trial of Internet cases,and the optimization of jurisdiction rules is an important breakthrough to the construction of Internet court.Focusing on the jurisdiction rules of Internet court,this paper first solves the problem of the nature of Internet court and seeks for sufficient theoretical and practical support for its special court orientation.From the perspective of regulations and practice,this paper discusses the real condition of their jurisdiction rules,summarizes the general provisions and main problems of the Internet court’s jurisdiction rules,and uses statistical methods to dig out the obstacles caused by the jurisdiction rules to the function of the Internet court based on the analysis of a large number of judicial cases.In addition,this paper focuses on the concept and system of the extraterritorial network court,to seek for reference solution in the design of the jurisdiction rules of Internet court in our country.Finally,this paper constructs the specific jurisdiction rules about Internet court mainly including the orientation of special court,regional jurisdiction rules,case acceptance standard,case acceptance type and effectiveness rules,to give full play to the dual attributes of the Internet court as a specialized court and an intelligent court,and build the "Internet+Court" sample of this era.This article consists of 5 chapters:The first chapter is an overview of the jurisdiction of the Internet court.This part mainly focuses on three aspects:firstly,defines the basic concept and nature of Internet court,and divides the concept into using Internet technology and handling Internet related cases,and proves its special court nature from the professionalism of jurisdiction case type,the goal of dispute professional resolution,and the particularity of jurisdiction space;secondly.this paper expounds the challenges of the Internet court to the traditional court’s regional jurisdiction rules from the limitation of the traditional court’s regional jurisdiction,the weakening of the factors determining the traditional jurisdiction rules,and the threat of the traditional court’s grade jurisdiction;finally,this paper expounds the priority of Internet court,as a special court.in the jurisdiction of Internet related cases from the perspective of the spirit of the special jurisdiction.The second chapter is the current situation of the jurisdiction rules of Internet courts.In this part,this paper mainly summarizes the general situation of the current provisions on the jurisdiction of Internet courts:the standards of case jurisdiction,the types of cases under jurisdiction,the rules of agreement jurisdiction and the rules of appeal jurisdiction have been clearly defined.On this basis,this paper further expounds the deficiencies of the existing provisions in the aspects of procedural legitimacy,case jurisdiction standard,case type of jurisdiction,regional jurisdiction rules,etc.,to lay the foundation for the improvement of specific jurisdiction rules.The third chapter is the judicial dilemma of Internet court jurisdiction,which is one of the focuses of this paper.Using the sampling statistical method,this part studies the obstacles caused by the imperfect jurisdiction rules to the operation of the Internet court.These obstacles are mainly manifested in the weakening of the specialization of the Internet court by the formal trial,the different attitudes of different courts to the jurisdiction effectiveness of the Internet court,the solidified scope of cases,and the compression of the jurisdiction space of these courts.In order to make these courts run smoothly,optimizing and improving the existing jurisdiction rules is necessary.The fourth chapter is the reference significance of the extraterritorial system to the construction of Internet court jurisdiction rules in our country.This part mainly examines the system and spirit of the network court in the United States,Britain,Canada,South Korea and other countries,to provide reference for our country’s Internet court in the special court orientation,the relationship between online trial and offline trial,the types of cases under jurisdiction,regional jurisdiction rules,effectiveness of jurisdiction rules.The fifth chapter is the construction of Internet court jurisdiction rules,which is another focus of this paper.On the basis of sufficient theoretical and practical research,this paper constructs feasible Internet court jurisdiction rules:confirming the special court orientation in law,improving the existing regional related rules,optimizing the case accepted standards,changing the types of cases under jurisdiction,and unifying the rules on the effectiveness of jurisdiction.This five measures cooperate with each other to ensure that the Internet related cases can flow into the Internet court,to guarantee the jurisdiction of the Internet court over difficult Internet related cases,to ensure the Internet court shoulder the mission of building network legal sample in this era.