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Internet Civil Procedure Jurisdiction System

Author: NiJian
Tutor: FengXia
School: China University of Political Science
Course: Legal
Keywords: Internet Long arm jurisdiction Jurisdiction of the theory of relativity URL under the jurisdiction of the Analects
CLC: D997.3
Type: Master's thesis
Year: 2009
Downloads: 122
Quote: 1
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Abstract


International Civil Procedure Jurisdiction refers to the admissibility of a national court or other authorities having jurisdiction, the trial with international or foreign elements of civil and commercial cases of permissions. It is an important part of the national judicial sovereignty, is the embodiment of national sovereignty. Countries for international civil jurisdiction to take a trend of expansion, and fierce competition for the international civil jurisdiction, while the arrival of the Internet, exacerbated this phenomenon externalization. The main reason is the Internet to accelerate the process of civil and commercial behavior between people, between people in civil activities become more frequent; and civil activities, showing the diverse nature of a civil dispute between the Internet increasingly increased. Countries the traditional system of international civil jurisdiction on the Internet and can not effectively control this growing number of civil disputes, therefore, have been through the development of the statutory or case law in the form of constantly improve the existing system of jurisdiction of civil litigation between the Internet . Which the legislative and judicial practice in the United States the most perfect. This article from the characteristics of the discourse of the Internet starting to study the characteristics of the Internet to analyze the challenges to the international civil jurisdiction, and on a more perfect system of jurisdiction of the United States and other countries, more in-depth study of dialectical analysis of their advantages and inadequate. This article will also theoretical circles several more mainstream point of view the introduction and in-depth analysis. Empirical Analysis of China's legislative and judicial status quo and the last part of the article, and make some suggestions. In addition to the preface and conclusion, the body of this article is divided into four chapters: The first chapter analyzes the characteristics of the Internet, as well as the traditional theory of the basic principles of international civil jurisdiction. Both of these essential characteristics of the Internet as the basis to analyze its impact on traditional determine the basic principles of the Civil Procedure Jurisdiction. Internet global and instant impact for the principle of territorial jurisdiction; The virtual nature of the Internet to the case of the difficulties caused by the principles of personal jurisdiction; the way of information exchange between Internet users to the protocol under the jurisdiction of the application of the principle to bring new issues. In order to more clearly know the cause of the problem. Chapter II on national legislation and judicial practice as the basis for empirical analysis. In particular, the system is more perfect United States, based on analysis of the whole world to establish its jurisdiction over the legislative and judicial trends. To quote a large number of cases in this chapter, and dialectical analysis of the national system of assessment, analyzing the advantages and disadvantages, to make it more instructive significance. The third chapter is devoted to analysis of the countries in order to compensate for the defects in the legislation and practice and produce a more representative theory. Including the new sovereignty, jurisdiction of the theory of relativity, at the basis of theory. Analysis of the inadequacies of the new sovereignty and jurisdiction of the theory of relativity, on the Web site based theory to be sure, and some different views to be demonstrated. The fourth chapter analyzes the status of current legislation and judicial practice, both the empirical analysis, summed up the characteristics of China's current status quo of two representative cases, and concludes with recommendations in the article.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil Procedure Law
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