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On The Jurisdiction Of Internet Courts In China

Posted on:2024-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:S H XiaFull Text:PDF
GTID:2556307106471704Subject:legal
Abstract/Summary:
With the popularization and application of Internet technology,there are more and more novel types of Internet-related disputes.The emergence of Internet court is the judicial initiative response to network technology.However,with the construction of intelligent court,Internet court can no longer focus on the feature of technology,and should return to its unique function of exploring litigation rules for Internet-related disputes.Jurisdiction is the first barrier of litigation.The jurisdiction system should be perfected by centering on the fact that the Internet court is a special court,so as to give play to the exemplary role of the Internet court in exploring innovative rules and unifying adjudication.This paper firstly summarizes the characteristics of specialized trial of specialized courts by studying specialized courts at home and abroad.Then,from the perspectives of the particularity of civil rights in the Internet field and the unique trial function of Internet courts,it demonstrates that China’s Internet courts should belong to specialized courts,providing a theoretical basis for the follow-up study of jurisdiction system.Secondly,focusing on the positioning of the Internet court,this paper points out the existing jurisdictional problems of the Internet court by sorting out the jurisdiction status of the Internet court,and finally provides a way to improve the above problems,including: giving the organic law status of the Internet court to the special court,clarifying the jurisdiction standards of the Internet court,breaking through the traditional regional jurisdiction restrictions,and providing specific optimization plans for the scope of accepting cases.The innovation of this paper is to first discuss the positioning of the Internet court,positioning is the premise and basis of jurisdiction.Secondly,in the study of jurisdiction system,on the basis of literature analysis,it assisted judicial cases,verified the existence of problems and the necessity of solving them with data,and provided a more comprehensive solution,so as to ensure that Internet-related cases can flow into the Internet court for special trial,so as to help the Internet court return to its unique functional attribute of exploring litigation rules for Internet-related disputes.Provide a new era sample for the network rule of law.
Keywords/Search Tags:Internet court, special court, centralized jurisdiction, scope of accepting case
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