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Research on Issues of Legal Application of International Cybertort

Author: ZuoLiNa
Tutor: WangHuHua
School: East China University of Political Science
Course: International Law
Keywords: Foreign Related Factors Cybertort LegalApplication
CLC: D997
Type: Master's thesis
Year: 2013
Downloads: 4
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Abstract


Along with the development of intelligent device, virtual technology, and socialnetwork, human beings to date are closely connected with the cyberspace at allaspects from dawn to dark, and from work to daily life. Therefore, crossing-the Lineduring Internet communication happens a lot. The cyberspace enjoys differentcharacteristics from the real world in that it is virtual and borderless, which bringsnew challenges for the application of law of international cybertort, e.g. traditional denexuses such as lex loci delicti and specific identity on the Internet are hard toidentified, Intellectual Property is in desperate need of protection and the applicablelaw may turn out to be none.The Law of the People’s Republic of China on Application of Laws toForeign-Related Civil Relations issued on October2010, for the first time, indicates arule over the application of cybertort which states that:" Infringement on the right ofname, portrait, reputation or privacy or other rights of personality via the Internet orby other means shall be governed by laws of the habitual residence of the infringedparty", although this article only relates with the tort of right of personality and isquite general and far from detailed. After research on related cybertort cases, I alsofound that in most of the judgments, the judges tend to make the Chinese lawapplicable without any further reasoning. In light of the above, I think it is quitenecessary to make a deep research over the application of rules concerning thecybertort. In this thesis, it is focused on the application of rules concerning the internationalcybertort. First of all, I make an analysis over the features of the Internet comparedwith the real world; Secondly, I summarized the traditional rules of application oflaws on tortoversee what adjustment can the traditional rules make; Third, I point outthe challenges cybertort brings towards the traditional rules for application of laws ontort and comment on the current rules and make related suggestions. Last but not theleast, I make an analysis on the current status in China and make my suggestion inthis field. I think in front of the specificities of cybertort, there are no related rules andsome adjustments need to be made in respect of principals and rules.

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CLC: > Political, legal > Legal > International law > Private international law
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